A. N" A.'G T 

TO PROVIDE FOR A 

GENERAL SYSTEM 

OF 

COMMON SCHOOLS. 

[APPROVED MARCH 6, 1865.] 

WITH AMENDMENTS AND ADDITIONS OF 1867. 



SCHOOL LAWS OF INDIANA, 



AS AMENDED IN 18C5 AND 1867, WITH 



OPINIONS, INSTRUCTIONS 



AND 



JUDICIAL DECISIONS 



RELATING TO 



COMMON SCHOOLS AND TO THE OFFICERS THEREOF. 



PREPARED BY 

THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



. INDIANAPOLIS: 

ALEXANDER H. CONNER, STATE PRINTER 

1867. 



Any copy of this law in the hands of a sehool officer should he regarded 
as school property, hence should he preserved, and at the close of his 
term of office, transmitted to his successor for office use. 



3 



Office of Public Instruction, "» 
Indianapolis, March 19, 1867./ 

Section 129 of the School Law provides that the Superintendent of 
Public Instruction "shall cause as many copies of the acts of the General 
Assembly in relation to common schools or the school funds, with 
necessary forms, instructions, and regulations, to be from time to time 
printed and distributed among the school townships as he shall deem the 
public good requires." 

In compliance with the above provision, and with the hope of ad- 
vancing our common school interest, I present the following reprint of 
all common school acts now in force, also such opinions and suggestions 
as are deemed valuable to either school officers or teachers. 

For convenience of reference, the opinions and suggestions will be 
presented immediately following the section or sections to which they 
relate. 

For the sake of brevity, remarks will usually be as few as possible con- 
sistent with perspicuity; consequent upon this fact, and the supposed 
clearness of certain portions of the law, many sections will be passed over 
without remark. 

Hoping that the following opinions and suggestions may prove valua- 
ble, they are respectfully commended to school officers, teachers and 
other friends of our common school system. 

GEOKGE W. HOSS, 
Superintendent of Public Instruction 



CONSTITUTION OF INDIANA. 



The following are the provisions of the Constitution 
relative to Common Schools: 

ARTICLE VIII EDUCATION. 

Section 1. Knowledge and learning generally diffused 
throughout a community, being essential to the preserva- 
tion of a free government; it shall be the duty of the 
General Assembly to encourage, by all suitable means, 
moral, intellectual, scientific, and agricultural improve- 
ments; and to provide by law for a general and uniform 
system of common schools, wherein tuition shall be with- 
out charge, and equally open to all. 

Sec 2. The Common School Fund shall consist of the 
Congressional Township Fund, and the lands belonging 
thereto; 

The Surplus Revenue Fund; 

The Saline Fund, and the lands belonging thereto ; 

The Bank Tax Fund, and the fund arising from the one 
hundred and fourteenth section of the Charter of the State 
Bank of Indiana ; 

The fund to be derived from the sale of county semi- 
naries, and the moneys and property heretofore held for 
such seminaries ; from the fines assessed for breaches of 
the penal laws of the State ; and from all forfeitures which 
may accrue; 

All lands and other estate which shall escheat to the 
State for want of heirs or kindred entitled to the in- 
heritance; 

All lands which have been or may hereafter be granted 
to the State when no special purpose is expressed in the 
grant, and the proceeds of the sales thereof; including the 
proceeds of the sales of the swamp lands granted to the 
State of Indiana by the act of Congress of the 28th of 
September, 1850, after deducting the expense of selecting 
and draining the same ; 

Taxes on the property of Corporations that may be as- 
sessed by the General Assembly for Common School 
purposes. 



Sec. 3. The principal of the Common School Fund 
shall remain a perpetual fund which may be increased, but 
shall never be diminished ; and the income thereof shall be 
inviolably appropriated to the support of Common Schools, 
and to no other purpose whatever. 

Sec 4. The General Assembly shall invest, in some 
safe and profitable manner, all such portions of the Com- 
mon School Fund as have not heretofore been entrusted to 
the several counties, and shall make provision, by law, for 
the distribution, among the several counties of the interest 
thereof. . v 

Sec. 5. If any county shall fail to demand its proportion 
of such interest, for Common School purposes, the same 
shall be reinvested for the benefit of such county. 

Sec. 6. The several counties shall beheld liable for the 
preservation of so much of said fund as may be entrusted 
to them, and for the payment of, the annual interest thereon. 

Sec 7. All trust funds held by the State, shall remain 
inviolate and be faithfully and exclusively applied to the 
purposes for which the trust was created. 

Sec 8. The General Assembly shall provide for the 
election, by the voters of the State, of a State Superin- 
tendent of Public Instruction, who shall hold his office for 
two years, and whose duties and compensation shall be 
prescribed by law. 



SCHOOL LAW. 



AN ACT to provide for a general system of Common Schools, the officers 
thereof, and their respective powers and duties, and matters properly 
connected therewith, and prescribing the fees for certain officers therein 
named, and for the establishment and regulation of Township Libra- 
ries, and to repeal all laws inconsistent therewith, providing penalties 
therein prescribed. 

[Approved March 6, 1865.] 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That there shall be annually assessed 
and collected, as State and county revenues are assessed 
and collected, sixteen cents on each one hundred dollars of 
taxable property, real and personal, in the State, and fifty 
cents on each taxable poll,' for the purpose of supporting a 
general system of Common Schools : Provided, hoivever, 
That the taxes aforesaid shall not be levied and collected 
from negroes nor mulattoes. 

Sec 2. The funds heretofore known and designated as 
the surplus revenue funds, all funds heretofore appropriated 
to Common Schools, the Saline Fund, the Bank [Tax] 
Fund, the fund which has been derived or may be derived 
from the sale of county seminaries and the property be- 
longing thereto, the moneys and property heretofore held 
for such seminaries, all fines assessed for breaches of the 
penal laws of the State, all forfeitures which may accrue, 
all lands and other estate which shall escheat to the State 
for want of heirs or kindred entitled to the inheritance 
thereof, all lands which have been granted, or may be 
granted hereafter, to the State, when no special object is 
expressed in the grant, the proceeds of the sales of the 
swamp lands, granted to the State of Indiana by the act of 
Congress of September, 1850, the taxes which may be 
assessed from time to time upon the property of corpora- 
tions for Common School purposes, the fund arising from 
the 114th section of the charter of the State Bank of 
Indiana, shall be denominated the Common School Fund, 
and the fund derived from the sale of Congressional Town- 
ship School lands, and the unsold Congressional Township 



School land at the reasonable value thereof, shall be de- 
nominated the " Congressional Township School Fund," 
and shall never be diminished in amount, the income of 
which, together with the taxes mentioned and specified in 
the first section of this act, the money and income derived 
from licenses for the sale of intoxicating liquors, and un- 
claimed fees, as provided by law, shall be denominated the 
School revenue for tuition ; the whole of which is hereby 
appropriated and shall be applied exclusively to furnishing 
tuition in the Common Schools of the State, without any 
deduction for the expense of collection or disbursement. 

Sec. 3. The several counties of this State shall be held 
liable for the preservation of so much of said fund as is 
entrusted or may have been entrusted to them, and for the 
payment of the annual interest thereon at the rate estab- 
lished by law, the payment of which interest shall be full 
and complete every year, and shall so appear in the Au- 
ditor's report to the Superintendent of Public Instruction ; 
and the said Superintendent shall, at any time, when he 
discovers from the report, or otherwise, that there is a deficit 
in the amount collected for want of prompt collection, or 
otherwise, direct the attention of the Board of County 
Commissioners and the County Auditor to the fact, and 
said Board of Commissioners are hereby authorized and 
required to provide for such deficit in their respective 
counties. 



Sec. 3. The provision of this section that counties shall he liable for 
the preservation of the school funds entrusted to them, and for the pay- 
ment of the annual interest thereon, is copied almost verbatim from the 
Constitution, Art. 8, Sec. G. 

The provision requiring the payment of interest to he full and com- 
plete every year, is intended to enforce this requirement of the Constitu- 
tion. In some cases the counties fail to make this complete annual 
payment, owing, no doubt, to the faiiure of Commissioners to notice the 
provisions of this section, authorizing and requiring them to 'provide for 
any deficiency. Particular attention is called to this matter, with the 
suggestion to Commissioners that they make an annual appropriation to 
meet any delinquency in payment of interest, and that they require the 
Auditor and Treasurer promptly, as provided by law, to collect all de- 
linquent school fund and interest by sale of the mortgaged premises. 
By this means Commissioners will be able to meet the demands of the 
law, requiring the payment of interest to be full and complete every 
year, and to save their counties from even temporary inconvenience. 



9 

Sec. 4. Every civil township, and each incorporated 
town or city in the several counties of the State, is hereby 
declared a distinct municipal corporation for school pur- 
poses, by the name and style of the civil township, town, 
or city corporation respectively, and by such name may 
contract and be contracted with, sue and be sued, in any 
court having competent jurisdiction, and the Trustees of 
such township, and the Trustees provided for in the next 
section of this act, shall, for their towmship, town, or city, 
be School Trustees, and perform the duties of Clerk and 
Treasurer for school purposes. 

Sec 5. The Common Council of each incorporated 
city, and the Board of Trustees of each incorporated town 
of this State shall, at their first regular meeting in the 
month of April of the present year, and biennially there- 
after, elect three School Trustees who shall, before enter- 
ing upon the duties of their office, take and subscribe an 
oath and give bond, similar to the oath and bond required 
of Township Trustees, and such Trustees shall be allowed 
such reasonable compensation, per diem, for their services, 
as to [by] the authorities of such incorporated cities and 
towns may be deemed just, to be paid out of the special 
tax raised in such cities or towns. 

Sec 6. The County Auditor, in fixing the penalty and 
approving and 'accepting the bonds of any such Trustees, 
shall see to their sufficiency to secure the school revenues 
which may come into their hands, as well as the ordinary 
township or other revenues; and in case of a vacancy in 
the office of Trustee, the County Auditor shall appoint a 
person to fill the same, who shall take an oath and give 
bond as required in the last preceding section : and said 
Auditor shall report to the Superintendent of Public In- 
struction the name and post-office address of each Trustee. 

Sec. 6. Concerning terms of office and vacancies as contemplated in 
sections 5 and 6, it is held first, that trustees hold their office until their 
successors are elected and qualified. (See Constitution, Art. 15, Sec. 3.) 
Second, that in case no election takes place at the time designated, no 
vacancy occurs; but the incumbent or incumbents continue in office. 
This latter has been decided by the Supreme Court, in words as follows : 
"When the term of an^ffice is prescribed to be for a given term, and 
until the successor shall be elected and qualified, the officer holds after 
the expiration of„the term, and until he is regularly superseded by the 
election of another in his place." Stewart and another v. The State, 4 
Ind., 396. 



10 

Sec. 7. The School Trustees of every township, incor- 
porated town or city, shall receive the special school reve- 
nue belonging thereto, and the revenue for tuition which 
may be apportioned to his township, town or city, by the 
State, for tuition or the Common Schools; and shall pay 
out the same for the purpose for which such revenues were 
collected and appropriated. Such Trustee shall keep accu- 
rate accounts of the receipt and expenditure of such reve- 
nues,' and shall render to the County Commissioners, at 
their March session, annually, and as much oftener as they 
may require, a report thereof, in writing, for the year then 
ending, which report shall clearly and separately state, 

1st. The amount of special school revenue and of school 
revenue for tuition, on hand at the commencement or the 
year then ending. 

2d. The amount of each kind of revenue received within 
the year, giving the amount of tuition revenue received at 
each semi-annual appointment thereof. 

3d. The amount of each kind of revenue paid out and 
expended within the year. 

4th. The amount of each kind of revenue on hand at 
the date of said report, to be carried to the new account, 
and shall, with said report, present and fill a detailed ac- 
count current of the receipts and payments for the year, 
and support the same by proper vouchers, which report and 
account current shall be duly verified by affidavit; and 
when the said County Commissioners are satisfied that 
said report is full, accurate and right, in all respects, and 
that said account is just and true, they shall allow and 
pass the same, which shall have the effect to credit the 
Trustee for the expenditures. A copy of said report, as 
passed and allowed by the County Commissioners, shall, 
within ten days after its date, be filed by the Trustees with 
the School Examiner of the county, and, upon failure of 
the Trustee to discharge any of the duties required by him, 
relative to schools and school revenues, the Board of County 
Commissioners shall cause suit to be instituted against 
him, on his official bond, and, in case of recovery against 
him, the court rendering the judgment shall assess upon the 
amount thereof ten per cent, damages, to be included in 
said judgment. 

Sec. 8. The Trustees shall keep a record of their pro- 
ceedings relative to the schools, including all orders and 
allowances on account thereof; including, also, accounts of 
all receipts and expenditures of school revenue, distinguish- 



11 

ing between the special school revenue belonging to their 
township, town or city, and the school revenue for tuition 
which belongs to the State, and by it apportioned to their 
township, town or city, which said revenue for tuition they 
shall not permit to be expended for any other purpose, nor 
even for that purpose, in advance of its apportionment to 
their respective corporations. 

Sec. 9. The Township Trustees £,nd the School Trus- 
tees of incorporated towns and cities shall, immediately 
after their annual settlements with the County Commis- 
sioners, in March, make a full statement of all their receipts 
and expenditures, for the year preceding, relative to their 
schools. 

Sec. 10. The Trustees shall take charge of the educa- 
tional affairs of their respective townships, towns and cities, 
employ teachers, and shall establish and locate, conveniently,^ 
a sufficient number of schools for the education of the 
white children therein, and build or otherwise provide suit- 
able houses, furniture, apparatus and other articles and ed- 
ucational appliances necessary for the thorough organiza- 
tion and efficient management of said schools. They may, 
also, establish graded schools, or such modifications of them 

Sec. 8. A Township Board can speak only by its record. Commis- 
sioners Fayette County v. Chitwood, 8 Ind., 504. 

If this decision is applicable under the present system of one Trustee to 
-each township, (and it is presumed to be applicable, the language of the 
present law being almost identical with that of the statute under which 
the decision was made,) then it is not only proper but necessary that the 
Trustee should record every official act he performs ; otherwise there 
would be a lack of essential evidence of such act, if denial of its perform- 
ance be made. For convenience the Trustee should record his pro- 
ceedings relative to schools, in a separate book, kept for that purpose. • 

Sec. 9. Section 11 of an act for the more uniform method of doing 
township business, provides that within ten days after his annual report to 
the County Commissioners in March, the Trustee shall publish the same 
by posting up a certified copy thereof at the place or places of holding- 
elections. Section 9 of the School Law requires that a full statement of 
the receipts and expenditures relative to schools, shall be made, by which 
it is probably intended that separate reports relative to receipts and ex- 
penditures of school revenues, shall be published at the same time and in 
like mannei'. Publication in a newspaper when practicable would be 
preferable. 



12 

as may be practicable; and provide for admission into the 
higher departments of the graded school, from the primary 
schools of their townships, such pupils as are sufficiently 



Sec. 10. The provisions of this section are so broad that it seem 3 
necessary to call attention to several points. 

!. Rules and Regulations. — This section authorizes Trustees to 
make and enforce, or cause to be enforced, all rules and regulations for 
the management of the schools, not transcending the provisions of the law. 

Though not expressed, this power clearly belongs to the Trustee, and 
should be properly exercised in every school, the voice of individuals or 
school meetings to the contrary notwithstanding. Anything less than 
this will not meet the requirements of the law, nor secure the highest effi- 
ciency of the schools. 

s The above statements are not to be so construed as to deny the rights 
of the teacher to make rules. 

The teacher may, indeed must make some rules, but these rules must 
be in harmony with the rules of the Trustee. Teachers and trustees should 
fully understand one another in this important and often delicate matter, 
and so far as practicable, all important rules should receive a joint approval. 
' If however a Trustee shall decline or neglect to prescribe any regulations, 
then it is his duty to assign that work to the teacher and explicitly inform 
the teacher of the fact. There should be no loose inferences or conjec- 
tures at this point ; each party should know his exact duty, and aim at a 
strict discharge of the same. 

2. Text Books. — This section makes it the duty of Trustees to deter- 
mine the text books to be used in their schools. Though often an 
unpleasant duty, Trusteess should not shrink from this work, especially if 
thereby they shall promote uniformity and prevent frequency of changes. 
To this end, it is submitted that agents should not be permitted to exhibit 
to teachers or pupils during school hours, any books, maps, charts or other 
articles for use in the school room. 

3. Educational Appliances. — This is a somewhat indefinite, yet 
very broad expression, so broad in my opinion as to include almost every 
means or agency necessary for the efficiency of the schools, save means 
directly prohibited by law. These agencies are too numerous to be 
named here, hence are all omitted save one, namely Superintendency of 
schools in cities and towns. Superintendency in our larger cities and 
towns is indispensable to the highest success of the schools, consequently, 
if Trustees cannot as a body, or by one of their number, perform this 
work, it becomes their duty to secure its performance through another 
party. This work may not require all the time of the individual em- 
ployed, most probably will not, save in the larger cities ; yet it is im- 



13 

advanced for such admission. They shall have the care 
and management of all property, real or personal, belong- 
ing to their respective corporations for Common School 

perative that it be done, and done systematically, and if possible, effec- 
tively. 

Payment for superintending must be made from the special school 
revenue. If' the party shall superintend a part of his time and teach 
a part, then payment should be made in the ratio of time spent, from the 
two revenues, special and tuitionary. 

4. Graded Schools. — The law clearly authorizes the establishment 
of graded schools, but leaves the Trustee to determine what a graded 
school is, when it is needed and where it must be located, also many other 
details. 

Concerning these it may be remarked: 1. That a graded school is a 
school in which the pupils are placed in different rooms and under differ- 
ent teachers, according to advancement. Consequently the greater the 
number of rooms and teachers for any given school, the more favorable 
the means for perfect grading. From this it will be seen that a graded 
school, as contemplated in the above section, cannot exist with less than 
two teachers; with one, the school may be classified but not graded. 
Trustees will therefore have regard to this element when they put up 
buildings designed for graded schools. 2. As to the time when a graded 
school should be established for any given township, no definite directions 
can be given. There are too many local elements to admit of any spe- 
cific directions. It is, however, safe to say that whenever there are pupils 
in the township whose advancement is such that the district schools cannot 
furnish them instruction, at that moment begins the need of a township 
graded school, furnishing instruction of a higher grade. The Trustee 
must, however, be satisfied that the number of such pupils is sufficient to 
justify the establishment of such a school, before providing the same. 
3. As to place, I would suggest that whenever practicable, the township 
graded school should be established in connection with a district school; 
thus economizing in building, perhaps in teaching, also, furnishing the 
means of a more thorough grading, in at least one primary school in the 
township. It is suggested farther that a village, if centrally located, is 
usually a favorable place for the township school. Especially will this be 
the case, if we shall be able to incorporate in the law the provision I pro- 
posed to the Legislature last winter, namely, that in case any village in 
which is located a Township Graded School, shall incorporate, such school 
shall be managed and u^ed by township and town jointly, and the title to 
the property shall vest accordingly. With a law of this kind, the right of 
the township would never be jeoparded by locating the township school 
in a village. 



14 

purposes, except the Congressional Township School lands, 
which lands shall be under the care and management of the 
Trustee of the civil township to which such lands belong. 

To avoid undue length, other details concerning these schools are omit- 
ted and respectfully referred to the local authorities. 

5. Care of School Property. — This section very explicitly commits 
the care and management of all school property to School and Township 
Trustees. I respectfully suggest the following, among other means, tend- 
ing to the preservation of this property : 

1. In employing teachers the Trustee should bind them by contract to 
a strict care of all school property under their charge. (Teachers can do 
much in this matter by direct supervision and perhaps more by the incul- 
cation of proper sentiments in the minds of their pupils.) 

2. Section 30 of the law provides that the Director shall, under the 
general order and concurrence of the Trustee, take charge of the school- 
house and the property belonging thereto. This may be made an efficient 
means in the preservation of this property. To this end, however, the 
Trustee and Director should distinctly understand each other, each know- 
ing definitely the portion of this work which falls to him. This can only 
be done by conference, hence it is suggested that Trustees occasionally 
call the Directors together for consultation on this and other school matters. 
This done, each officer will understand the exact duties assigned him, and, 
it is hoped, will hold himself responsible for the prompt and full discharge 
of the same, especially so in reference to the care and preservation 
of school property. 

3. As a third means, I would call attention to a provision of the gene- 
ral statute relative to protection against trespass. This provision reads as 
follows : 

" Sec. 13. Every person who shall maliciously or mischievously injure 
or caused to be injured any property of another, or any public property, 
shall be deemed guilty of a malicious trespass, and be fined not exceeding 
two-fold the value of the damage done, to which may be added imprison- 
ment not exceeding twelve months. 

" Sec. 14. Every person who shall injure any tree or sapling on the 
land of any other person, or on any land belonging to the State, or to any 
county or township therein, or on any land reserved or granted for the 
use of schools or seminaries without a license so to do from competent 
authority, or who, without such license, shall cut down or remove from any 
such lands, or from lands belonging to the United States, any tree, stone, 
timber or other valuable article, shall be deemed guilty of a trespass, and 
upon conviction, shall be fined five times the value of such property, to 
which may be added imprisonment, not exceeding twelve months in the 
county jail, in the discretion of the court or jury trying the same ; and 
any person concerned in such trespass may be compelled to testify against 
any other person therein concerned." (2 Gavin & Hord, p. 462.) 

&■. Congressional Lands. — Congressional township school lands are 



15 

Sec. 11. All schools in a township shall be taught an 
equal length of time, as nearly as the same can be done, 
without regard to the diversity in the number of pupils at 
the several schools, or the cost of the school, and each of 
said schools shall be numbered by the proper Trustee as 
school number — . 

Sec. 12. The Trustees of the several townships, towns 
and cities shall have power to levy a special tax, in their 
respective townships, towns or cities, for the construction, 
renting or repairing of school houses, providing furniture, 
school apparatus and fuel therefor, and for the payment of 
other necessary expenses of the school, except tuition; but 
no tax shall exceed the sum of twenty-five cents on each 

under the care and management of the School Trustee of the civil town- 
ship to which they belong. When a congressional township is divided by 
a civil township line, the lands are under the care of the Trustee of the 
civil township in which they are situated. When the lands themselves 
are divided by a county or civil township line, or when other lands have 
been substituted for the sixteenth section^ the voters of the congressional 
township shall designate the Trustee whom they wish to have charge of 
the lands, said Trustee being the Trustee of one of the civil townships in 
which a portion of the land lies. 

5. Supreme Court Decisions. — It is for the Trustees to determine 
when school-houses are necessary and convenient. Custer v. Brownsville, 
Tp. 10 Ind., 461 

An injunction is the proper remedy to prevent Township Trustees 
from erecting a school-house on a site objectionable to those whom school 
interests are affected thereby. The State v. Custer, 11 Ind. 210. 

It would appear from the decision of an analagous question in the case 
of the State v. Custer, 11 Ind., 210, that if a Trustee refuse to comply 
with the decisions of the School Examiner in case of an appeal when the 
decision of a State officer is final, a mandamus is the proper means to 
compel compliance. , 

Sec. 12. The power to levy a special school tax must be exercised 
strictly within the statutory limits. Rose v. Bath township, 10 Ind., 18. 

The power of Trustees to levy a special school tax is not now, as it was 
formerly, subject to the control of County Commissioners. 

Trustees are authorized, but not required, to receive donations of 
money or material for building ox furnishing school houses, or of fuel for 
the use of schools. Such a donation being received, the Trustee cannot 
refuse to receipt therefor, as provided in this section, unless by express 
waiver of a receipt. 



16 

one hundred dollars' worth of taxable property, and fifty 
cents on each poll, in any one year, and the income from 
said tax shall be denominated the special school revenue ; 
and any tax payer who may choose to pay to the Treasurer 
of the township, town or city wherein said tax payer has 
property liable to taxation, any amount of money, or fur- 
nish building material for the construction of school houses, 
or furniture or fuel therefor, shall be entitled a receipt there- 
for from the Trustee of said township, town or city, which 
shall exempt such tax payer from any further taxes for said 
purpose, until the taxes of said tax payer, levied for such 
purposes, would, if not thus paid, amount to the sum or 
value of the materials so furnished, or amount so paid : 
Provided, That said building materials^ or furniture and 
fuel, shall be received at the option of said Trustee. 

Sec. 13. The County Auditor shall, upon the property 
and polls liable to taxation for State and county purposes, 
make the proper assessments of special school tax levied 
by the Trustee in the same manner as for State and county 
revenue, and shall set down the amount of said tax on his 
tax list and duplicate thereof, as other taxes are set down, 
in appropriate columns, and he shall extend said assess- 
ment to the taxable property of the person transferred, 
which is situate in the township, town or city to which the 
transfer is made, and to the property and poll of the person 
transferred, situate in the township, town or city in which 
the person taxed resides, according to the rate and levy 
thereof, in the township, town or city to which the transfer 



Sec. 13. When persons are transferred for school purposes, their 
property situate in the township in which they reside is subject to a spe- 
cial school tax in the township to which they are transferred, and exempt 
from such tax in the township in which it is situate. 

The additional labor required of the Auditor by a transfer is simply to 
enter the name of the party transferred and the value of his property 
situate in the township in which he resides, upon the tax duplicate of the 
township to which the transfer is made, and assess upon such property the 
proper special school tax. All other property of the party transferred is 
subject to special school tax in the township where it is situate. 

Examiners, in making the statement of transfers required by this sec- 
tion, should state distinctly the names of the parties transferred, the 
township in which each resides, and the township to which transferred. 
Nothing short of this will enable the Auditor properly to assess the spe- 
cial school tax required. 



17 • 

is made, and for its use; and said tax shall be collected by 
the County Treasurer as other taxes are collected, and 
shall be paid, when collected, to the Treasurer for school 
purposes of the proper township, town or city, upon the 
warrant of the County Auditor; and to enable County 
Auditors correctly to assess said tax, the School Examiners 
of the several counties shall, at the time they make out and 
report to the Auditor the basis of the apportionment of 
school *re venue for tuition, as required by section 42 of this 
Act, make out and report to said Auditors a statement of 
transfers which have been made for school purposes accord- 
ing to sections 14 and 16 of this Act. 

Sec. 14. The Trustees of the several townships, towns 
and cities shall, between the first of July and the first of 
September, in each year, make an enumeration of the white 
children within their respective townships, towns and cities, 
between the ages of six and twenty-one years, exclusive of 
married persons; and in making said enumeration, the 
Trustee shall list the names of parents, guardians or heads 
of families, male or female, having charge of such chil- 
dren; and opposite each name, in appropriate columns, he 
shall enter the whole number of such children in charge of 
the person so named, specifying particularly the number 
of males, the number of females, the number of the school 
to which such person is attached for school purposes, and 
the number and initials which designate the Congressional 
township in which such person resides, including in said 

Sec. 14. "While this section does not, in so many words, declare that 
school privileges are limited to persons between the ages of six and 
twenty-one years, it declares such by implication. It is therefore held 
that the legal school age is between six and twenty-one years, save the 
exception made in section 15. 

It is recommended that Trustees prohibit the admission of pupils until 
they are six years of age. On the other hand, it is held that Trustees 
may safely exercise some discretion as to the exclusion of persons over 
twenty-one years of age. Especially may this discretion be exercised 
when the school is not crowded and the party desiring admission is well 
disposed. 

While this section declares that the privileges of the school shall be 
limited to such persons as were attached to the school at the time of enu- 
meration, it must not be so construed as to exclude persons who move 
into a district after the enumeration. Such construction would, in many 
cases, work serious detriment. 

2 



. 18 

list and enumeration the names of such persons as have 
been transferred to his township, town or city, from other 
townships, towns or cities, and the enumeration of their 
children, and excluding therefrom the names and number 
of children of such persons as have been transferred from 
his township, town or city, to other townships, towns or 
cities, and each Township Trustee, upon making the first 
enumeration after the taking effect of this Act, shall in 
quire of each person whose name he so lists, to which 
school he or she desires to be attached, and such persons, 
upon making their selection, shall be considered as forming 
the school district of the school selected, and none shall be 
allowed thereafter to attach themselves to, or have the pri- 
vilege of any other school but by the consent of the Trus- 
tee, for good cause shown; and at subsequent enumera- 
tions the same inquiry shall be made by the Trustee of the 
parent, guardian, or head of family having charge of chil- 
dren between the ages aforesaid, whose residence has been 
changed, or whose children have become subject to be enu- 
merated for the first time since the last enumeration; and 
in case a change in the location of a school in the town- 
ship has been made since the last enumeration, the Trustee 
shall make the same inquiry of the persons whose school 
privileges are affected by such change. But such inquiries 
need not be made by the Trustees of incorporated towns 
and cities when they take their enumerations. The per- 
sons listed in each of such towns and cities, shall be con- 
sidered as forming but single school districts therein, dis- 
tinct from the townships in which they are situated: 

Sec. 15. Any person who is a voter at township elec- 
tions, and has no children in charge between the ages of 
six and twenty-one years, by making application to the 
Trustee of his township, while the enumeration is being 
made, and by indicating to said Trustee his selection of 
the school to which he desires to be attached, may have 
his name listed by said Trustee, on the enumeration list, 
and be attached to the school selected, and thus become 
entitled to the privileges of said school, and be a voter at 
its school meetings. Such persons, together with the pa- 
rents, guardians and heads of families mentioned in sec- 
tion 14, and the persons transferred from other townships 
and attached to said school, as provided in sections four- 
teen and sixteen of this Act, shall be the only persons enti- 
tled to vote at the meetings of the school so selected, and 



19 

all other persons shall be excluded from voting at such 
meetings. 

Sec. 16. When persons can be better accommodated 
at the school of an adjoining township, or of any incorpo- 
rated town or city, the Trustee of the town or city in which 
such persons reside, shall, if such persons so request, at the 
time of making the enumeration, transfer them, for educa- 
tional purposes, to such township, town or city, and notify 
the Trustee of such transfer, which notice shall furnish the 
enumeration of the children of the persons" so transferred. 
And each Trustee shall, with his report of the enumera- 
tion, report distinctly the persons transferred to his town- 
ship, town or city, for school purposes, indicating in said 
report the number of children in charge of the persons 
transferred, with the same particularity that is observed in 
the enumeration. 

Sec. 17. Each person so transferred for educational 
purposes, to a township, town or city, in an adjoining 
county, shall, annually, pay to the Treasurer of such town- 
ship, town or city (when a tax is levied therein for the pur- 
poses aforesaid), a sum equal to the tax levied, computing 
the same upon the property and poll liable to tax, of such 
persons in the township, town or city where he resides, ac- 

Sec. 16. The notice of transfers must furnish the enumeration of the 
children of the persons transferred. Such notice, therefore, must show 
the name of the party transferred, the number of children in his charge, 
distinguishing between male and female ; also, designating by number and 
range the Congressional township in which such party resides. 

The law authorizes transfers only at the time of the enumeration. 

Notice of transfers should be given before the first day of September, 
in order that the Trustee may be able to include the names of parties 
transferred in his list and enumeration, as required by section 14. 

For the convenience of the Examiner, each Trustee should, at the time 
of making his report of enumeration, make a separate report of all trans" 
fers to his township with the same particularity required in taking the 
enumeration. 

Sec 17. Applies to transfers from one county to another only. In 
such a case, the Auditor of the county to which the transfer is made, can 
not assess the proper special school tax against the party transferred, as 
he is not in possession " of the valuation of the property of such person 
as made by the proper Assessor." • 

The latter part of this section should read as follows : "And in default 
of such payment shall be excluded from educational privileges in the 



20 

cording to the valuation thereof, by the proper Assessor, 
and, in default of such payment, shall be debarred from 
educational privileges in the township, town or city where 
he resides, according to the valuation thereof, by the proper 
Assessor, and, in default of such payment, shall be debarred 
from educational privileges in the township, town or city 
in which he resides, of [by] such exclusion, which payment 
shall release his property from special school tax, in the 
township in which he resides. 

Sec. 18. Each Trustee shall, on or before the first day 
of September, annually, report to, and file with, the School 
Examiner of the proper county, a copy of his said list and 
enumeration, with his affidavit endorsed thereon, to the 
effect that the same is, to the best of his knowledge and 
belief, full and accurate, and that the enumeration does not 
include persons who are less than six nor more than twenty- 
one years of age. 

Sec. 19. When a Congressional township is located in 
two or more counties, the proper Trustee for each portion 
thereof in the several counties, shall report at the same 
time, and in like manner, as provided in the last preceding 
section, to the School Examiner of the county in which 
the Congressional township fund of such township is held 
in trust and managed. 

township, town or city to which he may have been transferred, and the 
Trustee thereof shall notify the Trustee of the township, town or city in 
which he (the person transferred) resides, of such exclusion." 

The party transferred should present to the Trustee of the 'township 
to which he is transferred satisfactory evidence as to the valuation of the 
property on which he should pay tax. 

"Sec. 19. The Trustee of a civil township which includes part of a 
Congressional township, whose fund is managed in another county, is re- 
quired to make two reports of the enumeration of such part of a Con- 
gressional township ; one, (which may be included in the report of the 
enumeration of the civil township,) to the Examiner of his own county ; 
the other, to the Examiner of the county in which the fund of such Con- 
gressional township is managed. This is designed to furnish the Exam- 
iner the data requisite to make the basis of distribution of the revenue 
of such Congressional township to the several parts thereof. Auditors 
reports to this office indicate that Trustees frequently omit or neglect to 
make the latter of the two above named reports, and consequently that 
these parts of townships lose their portion of the Congressional township 
revenue. 



21 

Sec. 20. To enable the Trustees to make reports which 
are required of them by ; this act, the teacher of each school, 
whether in township, town or city, shall, at the expiration 
of the term of the school for which such teacher shall have 
been employed, furnish a complete report to the proper 
Trustee, verified by affidavit, showing the length of the 
school term, in days, the number of teachers employed, 
male and female, and their daily compensation, the num- 
ber of pupils admitted during the term, distinguishing be- 
tween males and females, and between the ages of six and 
twenty-one years, the average attendance, books used, and 
branches taught, and the number of pupils engaged in the 
study of each branch ; and, until such report shall have 
been so filed, such Trustees shall not pay more than 75 per 
cent, of the wages of such teacher, for his or her services. 

Sec. 21. The Trustees of each township, town or city, 
shall, at the time of making their reports to the School 
Examiner, of the enumeration of the children, report and 
furnish statistical information obtained from teachers of the 
schools, of their respective townships, towns or cities, and 
embody, in a tabular form, the following additional items : 
The number of districts; schools taught, and their grades; 
teachers, male and female; average compensation of each 
grade; balance of tuition revenue on hand at the com- 
mencement of the current year ; amount received during 
the year from the County Treasurer, and amount expended 
within the year for tuition, and balance on hand ; length' 
of school taught within the year, in days ; school houses 
erected during the year ; the cost of the same ; the number 
and kind before erected, and the estimate value thereof, 
and of all other school property ; number volumes in the 
library, and the number taken out during the year ending 
the first day of September ; also the number of volumes 
added thereto; assessment on each one hundred dollars of 
taxable property, and [on] each poll of special tax for school 
house erection, and amount of such levy; balance of spe- 
cial school revenue on hand at the commencement of the 
current year; amount received during the year from the 
County Treasurer ; the amount of said revenue expended 
during the year, and balance on hand ; the number of acres 
of unsold Congressional school lands, the value thereof, 
and the income therefrom, together with such other infor- 
mation as may be called for by the School Examiner and 
Superintendent of Public Instruction. 

Sec. 22. On failure of any Trustee to make either the 



fe 



• 22 

statistical report required by the last preceding section of 
this act, or the report of the enumeration required by the 
sixteenth section of this act, or the report of finances re- 
quired by the seventh section of this act, to the School 
Examiner, at the time and in the manner specified for each 
of said reports, the School Examiner to whom such report 
is due, shall, within one week of the time the next semi- 
annual apportionment is to be made by the Auditor of his 
county, notify said Auditor, in writing, of any such failure, 
and the Auditor shall diminish the apportionment to said 
township, town or city by the sum of twenty-five dollars, 
and withhold from the. delinquent Trustee the warrant for 
the money apportioned to his township, town or city, until 
such delinquent report is duly made and filed. For said 
twenty-five dollars, and any additional damages which the 
township, town or city may sustain, by reason of stopping 
said money, said Trustee shall be liable on his bond, for 
which the County Commissioners may sue. 

Sec. 23. If a Trustee shall fail to discharge any of the 
duties of his office, relative to the schools, any person may 
maintain an action against him for every such offense, in 
the name of the State of Indiana, and may recover for the 
use of the Common School fund any sum not exceeding 
ten dollars, which sum, when collected, shall be paid into 
the county treasury, and added by the County Auditor to 
said fund, and reported accordingly. 

Sec 24. Any person elected or appointed such Trustee, 
who shall fail to qualify and serve as such, shall pay the 
sum of five dollars, to be recovered as specified in the pre- 
ceding section, for the use therein named, and in like man- 
ner added to said fund, unless such person shall have pre- 
viously served as such Trustee. 

Sec 25. The voters, as defined in sections 14, 15 and 
16 of this act, shall meet annually on the first Saturday in 
October, and elect one of their number Director of such 
school, who shall, before entering upon duty, take an oath 
faithfully to discharge the same. The Director so elected 
shall, within ten days after said election, notify the Trus- 
tee of his election, and, in case of failure to elect, the Trus- 

Sec 25. Notice of the annual school meeting should be given as pro- 
vided in section 26 for other school meetings. 

Voters at school meetings, as defined in the sections here named, are 
all persons, male or female, attached to the school, and having in charge 
children subject to enumeration for school purposes; also, legal voters 



23 

tee shall forthwith appoint a Director of said school ; but 
any director so appointed may be removed, upon a petition 
of three-fourths of the persons attached to said school, who 
are entitled to vote at school meetings. 

Sec. 25 [26.] The voters, at school meetings, as provided 
in sections 14, 15 and 16 of this act, may hold other school 
meetings, at any time, upon a call of the Directors, or any 
five of such voters. Five days notice shall be given of such 
meeting by posting notices in five public places in the 
vicinity ; but no meeting shall be illegal for want of such 
notice, in the absence of fraud ; and the legality of such 
proceedings, if called in question, shall be determined by 
the Trustee of the township, subject to an appeal to the 
School Examiner, whose decision shall be final. Such 
school meetings shall have power to designate their teacher, 
to determine what branches, in addition to those mentioned 
in section 34 of this act, they desire shall be taught in such 
school, and the time at which said school shall be taught : 
Provided, however, That the tuition revenue apportioned 

who have no children between the ages of six and twenty-one years, but 
who have attached themselves to the schools under the provisions of sec- 
tion 15. 

It is thus clear that women who have charge of children between the 
ages of six and twenty-one years, are voters at school meetings, and 
that legal voters who have no sueh children in charge, and who have not 
availed themselves of the provisions of section 15, are not voters at school 
meetings. 

The latter part of section 15 is clear upon this point. 

Sec. 26. School Meetings. — Five days' notice, as here required, 
should never, when practicable, be omitted. A meeting may be legal 
without such notice. 

The meetings provided for in this and the preceding sections, are in- 
tended for school districts in townships as contradistinguished from cities 
and towns. While this is not declared in so many words, it is fairly in- 
ferable, and inferable from the references to Township Trustees in sections 
26, 29 and 32. On the other hand, these sections do not deny the right 
of such meetings in cities and towns. Yet it is believed that, in general, 
they should not be held for the purposes set forth in these sections. Con- 
cerning the first of these purposes, namely, the election of a Director, 
there is no need of such an election because no need of such an officer. 
In small towns the Trustees are competent to all the work assigned a 
Director ; in larger towns and cities a School Superintendent, elected by 
the Trustees, is the proper person to do this work and such other as the 



24 

to the school shall be expended within the school year for 
which it was apportioned : And provided further, That 
such school year shall begin the first Monday in April. 
Such school meetings shall likewise have power to fill va- 
cancies that may occur in the office of Director, to direct 
such repairs as they may deem necessary in their school 
[house], to petition the Township Trustee for the removal 
of their school house to a more convenient location, for the 
erection of a new one, or the sale of an old one and the 
lands belonging thereto, and upon any other subject con- 
nected therewith : Provided, That nothing herein con- 
tained shall prevent the Trustee from exercising a sound 

Trustees may assign him. Further, there is no valid reason (unless in 
extraordinary cases) for holding a town meeting to designate teachers, and 
still less reason for such meeting to determine branches to be taught and 
time of school. It is therefore believed that the law is wise in making no 
provision for such meetings for cities and towns, and it is hoped that citi- 
zens will fully acquiesce in this feature of the law, and thus leave the 
work indicated above to the proper officers, namely, to the school Trus- 
tees. 

Revenues. — The provisions requiring the revenue for tuition to be ex- 
pended within the year for which it is apportioned, and that the year 
shall begin on the first Monday in April, are, when taken together, ex- 
ceedingly unfortunate. First. There is no special reason why the school 
year should begin on the first Monday in April, but, on the contrary, 
there are special reasons against it. Second. If both these provisions 
and the provision of section 8 be carried out strictly, the possibility of a 
summer school does not exist. It is believed that the provision with refer- 
ence to the expenditure of revenue, should be so modified as to require 
its expenditure within fourteen or sixteen months after its apportionment 
by the County Auditors to the school corporations. 

As the law, however, must be administered - as it is, the unfortunate 
stringency above mentioned can be overcome, in part, by contracting, 
on or before the first Monday in April, with the teacher or teachers, for 
the spring and summer schools. This will be held as a compliance with 
sections 8 and 26. This is the only remedy possible under the above 
provisions. 

Schools in Townships. — It is the duty of the Trustee to employ the 
teacher designated by the school meeting, provided he can do so on rea- 
sonable terms, but not otherwise. 

The action of a school meeting, with reference to the erection, repair 
or removal of a school house, &c, has only the force of a request, there- 
fore never binds the Trustee to any course of action. 



25 

discretion as to the propriety or expediency of making such 
repairs, removing or erecting school [houses], and the cost 
thereof. 

Sec. 27. When such meetings shall petition the Trus- 
tee in regard to repairs, removal or erection of a school 
house, they shall also furnish to such Trustee an estimate 
of the probable cost of such repair, removal or erection. 

Sec 28. Trustees shall employ no person to teach in 
any of the common schools of the State, unless such per- 
son shall have a license to teach, issued from the proper 
State or county authority, and in full force at the date of 
the employment ; and any teacher who shall commence 
teaching any such school without a license shall forfeit all 
claim to compensation out of the school revenue for tui- 
tion, for the time he or she teaches without license ; and if 
a teacher's license shall expire by its own limitation within 
a term of employment, such expiration shall not have the 

Sec. 28. " An act done or a security taken by a public officer is void 
■when it is done in disobedience to a statute containing a positive prohibi- 
tion." Skelton v. Bliss, et al., 7 Ind., p. 77. From this it appears that the 
act of a Trustee in employing a teacher who is not licensed, is void, and 
that no action would lie against the township on such contract. But the 
teacher forfeits all claim to compensation out of the township treasury for 
the time he teaches, when employed without a license. In case of a con- 
tract in violation of this statute, it follows that either the teacher must go 
unpaid or that the Trustee is individually liable. It is however probable, 
that as both Trustee and teacher have acted in violation of the statute, 
the courts would give no remedy on the contracts. 

It is sufficient if the teacher's license is in force at the date of employ- 
ment. 

Dismissal of Teacher. — The Trustee should investigate the truth 
or falsity of the matter alleged for the dismissal of a teacher. For this 
purpose he should cause the parties — petitioners and teacher — on an ap- 
pointed day to appear before him, when he should hear the testimony pro 
and con. 

Notice in writing of the pendency of a petition for his dismissal, should 
be served on the teacher at least three days previous to the time set for 
the hearing. It should show the day when the petition will be heard, and 
the nature of the cause or causes alleged for dismissal, and should notify 
the teacher to be present and answer the allegations of the petition. 

Any of the causes for the revocation of a license enumerated in sec- 
tion 36, is likewise good cause for the dismissal of a teacher. Peculiar 
circumstances may sometimes render dismissal proper for other causes. 



1 26 

effect to stop the school, or stop the teacher's pay ; and the 
said Trustee shall not employ any teacher whom a major- 
ity of those entitled to vote at school meetings have de- 
cided, at any regular school meeting, they do not wish 
employed; and at anytime after the commencement of 
any school, if a majority of such voters petition such Trus- 
tee that they wish the teacher thereof dismissed, such 
Trustee shall dismiss such teacher, but only upon due no- 
tice and upon good cause shown ; but such teacher shall 
be entitled to pay for services rendered. 

Sec. 29. The Director of each school shall preside at 
all meetings of the inhabitants connected therewith, and 
record their proceedings; he shall also act as the organ of 
communication between the inhabitants and the Township 
Trustees. 

Sec. 30. He shall take charge of the school house and 
property belonging thereto, under the general order and 
concurrence of the Trustee, and preserve the same, and 
shall make all temporary repairs of the school house, furni- 
ture, and fixtures, and provide the necessary fuel for the 
school, and report the cost thereof to the Trustee for pay- 
ment. 

Sec 31. He shall visit and inspect the school, from 
time to time, and, when necessary, may exclude any refrac- 
tory pupil therefrom ; but the exclusion of any pupil from 
the school for disorderly conduct shall not extend beyond 
the current term, and may be, in the discretion of the Di- 
rector, for a shorter period. 

Sec. 29. la the absence of the Director, any voter at the school 
meeting niay preside and perform the duties of the Director. It is not 
the intent of the law that the absence of the Director, whether that ab- 
sence be intentional or accidental, should defeat the purpose of a schoo* 
meeting. 

Sec. 31. This section is not understood to give the Director authority 
to prescribe to the teacher methods of instruction or government. 

The Director should not exclude a pupil from school, except the pupil 
is found to be incorrigible. 

In extreme cases the teacher may suspend a pupil from school until con- 
ference can be had with the Director. But the fact of such suspension 
must be communicated to the Director at the earliest possible moment, 
whereupon he must decide what further action the case requires, namely 
whether the pupil shall be restored, reprimanded, punished or excluded. 



27 

Sec. 32. The decision of the Director, in excluding a 
pupil, shall be subject to appeal to the Township Trustee, 
whose decision shall be final. 

SCHOOL EXAMINER. 

Sec. 33. The Boards of County Commissioners of the 
several counties shall, at their June session, in eighteen 
hundred and sixty-five, and triennially thereafter, appoint 
for their respective counties a School Examiner, whose offi- 
cial term shall expire as soon as his successor is appointed 
and qualified, who, before entering upon the duties of his 
office, shall take and subscribe an oath according to law, 
which oath shall be filed with the County Auditor ; and all 
the proceedings relating thereto shall conform to the law 
relative to oaths of public officers; and thereupon the sev- 
eral County Auditors shall report the name and post-office 
address of the person appointed in their respective coun- 
ties to the Superintendent of Public Instruction : Provided, 
however, That the said Board of Commissioners shall have 
power to dismiss any School Examiner for immorality, in- 
competency or general neglect of duty. But no Examiner 
shall be dismissed without giving him written notice, under 
the hand and seal of the Auditor, ten days before the first 
day of [the] term of the Court of Commissioners, at which 
the cause is to be heard, and the said notice shall state the 
charges preferred against the said Examiner, the character 
of the instrument in which they are preferred, whether 
petition, complaint or other writing, and the name of those 
preferring the same. 

Sec. 34. Said School Examiner shall examine all ap- 
plicants for license as teachers of the common schools of 
the State, by a series of written or printed questions, re- 

Sec. 33. County Commissioners fill vacancies in the office of School 
Examiner. 1st Gavin and Hord, 671. 

A person appointed to fill a vacancy in the office of County Examiner, 
must before assuming to discharge the duties of the office, take oath as 
provided in this section. 1st Gavin and Hord, 672. 

Such appointee holds the office for the unexpired term. Ibid. 

If a special session is necessary to fill a vacancy, it is the duty of the 
County Auditor to convene the board. Acts 1863, 17. 

Sec. 34 Teachers' licenses must be for the term of six months, twelve 
months, eighteen months or twenty-four months. None should be issued 



28 

quiring answers in writing, if he wishes so to do, and in 
addition to the said questions and answers in writing, ques- 
tions may be asked and answered orally ; and if, from the 
ratio of correct answers and other evidences disclosed by 
the examination, the applicant is found to possess a knowl- 
edge which is sufficient in the estimation of the Examiner 
to enable said applicant successfully to teach in the com- 
mon schools of the State, orthography, reading, writing, 
arithmetic, geography, English grammar, physiology, and 
the history of the United States, and to govern such a 
school, said Examiner shall license said applicant for the 
term of six months, twelve months, eighteen months, or 
two years, according to the ratio of correct answers and 
other evidences of qualification given upon said examina- 
tion, the standard of which shall be fixed by the Examiner ; 
and applicants, before being licensed, shall produce to the 
Examiner the proper Trustee's certificate, or other satisfac- 
tory evidence of good moral character: Provided, That 
after an applicant has received two licenses in succession, 
for two years, in the same county, the Examiner thereof, 
after the expiration of the last license issued, may renew 
the same without a re-examination, at his discretion. 

Sec. 35. If the persons attached to and forming a 
school district have, at their school meeting, designated 
other branches of learning in addition to those in the last 
section above mentioned, which they desire to have taught 
in their school, the Trustee, in employing a teacher for said 
school, shall require said teacher to be examined as to his 
or her qualifications to teach such additional branches. 

for a period less than six months or for a term intermediate between those 
specified in the law. 

No person who indulges in such immoral practices as profanity, drunk- 
enness, gambling or licentiousness, should be licensed to teach. 

Sec. 35. This section was amended by the Special Session of the 
Legislature in 1865, as follows: 

"If the persons attached to and forming a school district, have, at their 
school meeting, designated other or a less number of branches of learn- 
ing to those in the last section above mentioned which they desire to have 
taught in their school, the Trustee in employing a teacher for said school 
shall require said teacher to be examined as to his qualification to teach 
the branches of learning required at said school meeting." 

This amendment seems to have for its object, so far as that subject can 
be determined, the authorizing of the Examiner to examine the teacher 
in such branches as the school meeting may designate, and in no other 



29 

Sec. 36. The School Examiner shall have power to re- 
voke licenses granted by him or his predecessors, for incom- 
petency, immorality, cruelty, or general neglect of the busi- 
ness of the school, and the revocation of the license of any 
teacher shall terminate the school which such teacher may 
have been employed to teach. 

Sec. 37. The School Examiner shall hold one public 
examination each month in the year, in his county, and in 
no case shall he grant a license upon a private examina- 
tion, and all licenses granted by him shall be limited to the 
county in which they are granted. For each person exam- 
ined he shall be entitled to a fee of one dollar, which fee 
shall constitute the only compensation he shall receive for 
services rendered in examining teachers. 

Sec. 38. The Examiner shall provide a blank book at 
the expense of the county, in which he shall keep minutes 
of his proceedings, and shall deliver said record, and all 
other books, papers and property appertaining to his office, 

branches. This being the assumed object of this section, it follows that 
this limited examination has its origin in the acts and wants of a particu- 
lar district. This last being true, it further follows that the result of the 
examination, namely the authority given the applicant to teach, should be 
confined to the district making application for such examination. 

In brief, it is therefore held, that in case a license issues for a number of 
branches less than the eight prescribed in section 34, such license is valid 
only in the district for which it was issued. 

Sec. 36. A teacher's license should not be revoked for any cause not 
fairly included in the causes named in this section. 

The revocation of a teacher's license terminates his connection with the 
school in which he may have been employed, but does not necessarily ter- 
minate the school, unless he is the only teacher employed in it. Tt would 
be absurd to suppose that the law intended that a school in which a dozen 
teachers were employed, should be discontinued because the license of 
one of such teachers was revoked. 

Sec. 37. The day of the examination should be the same in each 
month. If such a day is fixed and adhered to, convenience will be se- 
cured to teachers and to the public. 

As the object of the law will not be defeated but rather promoted 
thereby, it is held that the Examiner may hold more than one examina- 
tion in each month. 

An examination will be puVic in the sense here required, when such 
examination is publicly announced and is held in a public hall or office. 



30 

to his successor, and take a receipt therefor. Said Exam- 
iner shall, in the last week of May, annually, report to the 
Superintendent oi Public Instruction, the names of the 
persons r,o whom he has granted license since the last re- 
port, for his county, distinguishing between those licensed 
for six, twelve, eighteen and twenty-four months, giving 
the number oi males and the number of females, and total 
number licensed, and ihe number, but not the names, of 
applicants for It cense who have been rejected, and the num- 
ber of licenses revoked. 

Sec. 39. Said Examiner shall constitute a medium of 
communication between the Superintendent of Public In- 
struction and' the subordinate school officers and the 
schools; they shall visit the schools of their -respective 
counties as often as they may deem it necessary, during 
each term, for the purpose of increasing their usefulness, 
and elevating, as far as practicable, the poorer schools to 
the standard of the best ; advising and securing, as far as 
practicable, uniformity in their organization and, manage- 
ment, and their conformity to the law and the regulations 
and instruction of the State Board of Education and Su- 
perintendent of Public Instruction, and shall encourage 
Teachers' Institutes and Associations. They shall receive 
from the Trustees their reports of en u Aeration, and their 
regular school and other reports, which are required by law 
to be made to them, and otherwise gather up the necessary 
data and information, including that relative to private 
schools, high schools, colleges, and other private institu- 
tions of learning, within their respective counties, so as to 
present a view of the educational facilities of the State, 
and enable them to make full and complete reports to the 
Superintendent of Public Instruction, and receive for, and 
distribute to, the township libraries such books as may be 



Sec 39. The Examiner, in receiving reports from Trustees, should 
see that such reports are consistent and, as far as possible, accurate. No 
report should be received known to be faulty in either of these points. 
To require correct reports is not only the right, but the duty of the Ex- 
aminer. 

The data concerning private institutions can be most accurately ob- 
tained by personal interview or correspondence with the officers of these 
institutions. Trustees should not be required to furnish these data when 
they can conveniently be obtained by the Examiners from the officers 
above named. 



31 

furnished for them, and advise such a disposition and use 
of them as will tend to increase their usefulness ; and ad- 
vise the Trustee as to the most approved school furniture, 
apparatus, and educational agencies, and, as far as practi- 
cable, they shall •furnish Trustees and teachers with the 
regular forms, blanks, regulations, instructions and reports, 
which issue from the Department of Public Instruction, 
and relate to their respective branches of the school ser- 
vice. 

Sec. 40. When any Trustee shall neglect to file with the 
School Examiner an enumeration of the children of the 
township, town or city, as hereinbefore provided, the School 
Examiner shall, immediately after the first day of Septem-, 
ber, in each year, employ a competent person to take the 
same, and allow a reasonable compensation for such servi- 
ces, payable from the special school revenue of the town- 
ship, and shall proceed to recover the same in the name of 
the State of Indiana, for the use of said revenue of said 
township, by action against the said Trustee in his in- 
dividual capacity ; and in such suit, the School Examiner 
shall be a competent witness. 

Sec. 41. The School Examiner shall, on or before the 
fifteenth day of September, annually, make out and forward 
to the Superintendent, the enumeration of their respective 
counties, with the same particular discrimination required 
of the Trustee. They shall also furnish the statistical in- 
formation which Trustees are required to report to them, in 
such form as may be prescribed by the Superintendent of 
Public Instruction. 

Sec 42. The School Examiners shall make out from 
the lists of enumeration, and the reports of transfers, the 
basis of the apportionment of school revenue to the seve- 
ral townships, towns and cities, of their respective counties, 
and parts of Congressional townships of adjoining counties, 

Sec. 40. The Examiner should, in every case of failure to report the 
enumeration, proceed promptly to have the same taken as provided in 
this section. When the failure is from sickness or misfortune, no penalty 
should be exacted from the Trustee. 

- Sec. 42. The basis of apportionment should show, by number and 
range, the Congressional townships, or parts of Congressional townships, 
which form each civil township, the number of children enumerated in 
each of such parts, also, the whole number of children enumerated in 
each civil township. 



whose Congressional township fund is managed in their 
counties, and report the same to the proper County Audi- 
tor by the first day of November, annually, so as to enable 
the County Auditor to accurately apportion the school rev- 
enue for tuition, according to section 118 of this act. 

Sec. 43. The said School Examiner shall receive three 
dollars per day for every day actually employed in the dis- 
charge of the duties required by this act, to be paid out of 
the ordinary county revenue ; and before the Board of 
County Commissioners shall allow his claim for service, the 
same shall be filed in a bill of account, and be verified by 
affidavit to the effect that the said account is just and true ; 
that the service therein named was honestly and faithfully 
rendered, and the account therein claimed is rightly due 
and remains unpaid. The County Auditor shall draw his 
warrant on the County Treasury, for the amount allowed 
by the Board in favor of said Examiner, and the Treasurer 
shall pay the- said warrant out of the revenue aforesaid: 
Provided, however, that the said Board of Commissioners 
shall have power to determine the number of days in each 
year in which the School Examiner may labor in the per- 
formance of the duties required of him; and, provided fur- 
ther, that he shall receive no per diem for the days spent in 
examining teachers. 

OF THE LANDS BELONGING TO THE CONGRESSIONAL TOWN- 
SHIP FUND. 

Sec. 44. The custody and care of all lands belonging 
to the Congressional township fund shall be with the Trus- 
tee of the civil township in which the same shall be situa- 
ted, who shall report annually to the Auditor by the fourth 
Monday in March the annual income derived therefrom, to 
the township. 

Sec 45. They shall have power, when directed so to 
do, by a vote, or by the written direction of a majority of 
the voters of the Congressional township to which the 
same belongs, to lease such lands for any term not exceed- 
ing seven years, reserving rents payable in money, property 
or improvement upon the land, as may be directed by the 
majority of such voters. 

With the basis of apportionment the Examiner should file with the 
Auditor a separate statement showing what Congressional townships 
whose funds are managed in his county, are divided by the county line ; 
also, the number of children enumerated in each part of such townships. 



Sec. 46. When the sixteenth section, or the section 
which may be granted in lieu thereof, shall be divided by a 
county or civil [township] line, or where the substituted 
section lies, in any other county jn the State, the voters of 
the Congressional township to which the same belongs, 
shall designate, by vote, or by the written direction of a 
majority [of] the Trustees of one of the civil townships, 
including a part of said section to have the care and cus- 
tody of said section, and to carry out the directions of the 
voters of the township in relation thereto; and the Trustee 
so designated shall have the same powers and perform the 
same duties as if the entire section was situated within the 
limits of the civil township, and receive from the County 
Treasurer the revenue derived from funds accrued from 
said sale. 

Sec. 47. The proper Trustees shall have all the rights 
and powers of a landlord, in their official name, in coercing 
fulfillments of contracts relating to such lands, and prevent- 
ing waste or damage, or for the recovery of the same when 
committed. 

Sec. 48. At any time when five voters of any Congres- 
sional township shall, by petition to the Trustees having 
charge of the school land belonging to such township, set 
forth their desire for the sale of all or any part of the school 
land, the Trustees shall give public notice, in five public 
places, in such township, of the time and place, in such 
township, when and where a balloting will be had to deter- 
mine whether [the land] shall be sold as petitioned for or 
not, which notice shall be given at least twenty days before 
the time specified therein. 

Sec. 49 A copy of such petition shall be entered on 
the book containing the record of the proceedings of such 
Trustees, and his action thereon shall also be recorded. 

Sec. 50. If a voter favor the sale of such land he shall 
write on his ballot the word "Sale;" if he oppose the sale 
he shall write the words " No sale." 

Sec. 51. No sale shall be allowed unless a majority of 
all the votes cast at such election shall be in favor of such 
sale, nor unless the number of votes constituting such ma- 
jority shall exceed fifteen. 

Sec. 52. The Trustees shall attend at the time and 

Sec. 48. For method of proceeding for sale, ■when a vote cannot be 
procured, see section 73. 
3 



34 

place specified, and shall make out a certificate showing 
the number of votes given for and against such sale, which 
shall be signed by him and filed in his office, and he shall 
enter the same upon his, record book. 

Sec. 53. Said Trustee, if satisfied that a majority of 
all and more than fifteen voters have voted for such sale, 
he shall enter the same on his record book, and proceed — 

First. To divide the lands so voted, to be sold into such 
lots as will secure the best price. 

Second. To affix a minimum price to each lot, not less 
than one dollar and twenty-five cents per acre, below which 
it shall not be sold. - 

Third. To certify such division and appraisement to the 
proper County Auditor, together with a copy of all his pro- 
ceedings in relation to the sale of said lands. 

Sec 54. Such certificate and return shall, by such 
Auditor, be laid before the Board of County Commission- 
ers, at their first meeting thereafter, and said Board, if sat- 
isfied that the requirements of the law have been substan- 
tially complied with, shall direct such lands to be sold, 
Yvrhich sale shall be conducted as follows : 

First. It shall be made by the Auditor and Treasurer. 

Second. Four weeks' notice of the same shall be given, 
by posting notices thereof in three public places of the 
township where the land is situated, and at the Court 
House door, and by publication in a newspaper printed in 
said county, if any; otherwise, in the newspaper of any 
county in the State situated nearest thereto. The sale 
shall be made by the Auditor, at public auction, at the 
door of the Court House of the county in which the land 
is situate, and the Treasurer shall take an account thereof; 
and each of the said officers, for making such sale, shall re- 
ceive a fee of one dollar, to be paid by the purchaser. 

Sec. 55. One-fourth of the purchase money shall be 
paid in hand, and interest for the residue for one year in 
advance, and the residue in ten years from such sale, with 
like interest annually, in advance; and deferred payments 
shall be regarded as part of the Congressional township 
school fund, and reported as such by the Auditor to the 
Superintendent of Public Instruction. 

Sec. 56. On failure to pay such annual interest when 
it becomes due, the contract shall become forfeited and the 
land shall immediately revert to the township, and the 
Auditor and Treasurer shall proceed forthwith again to sell 
the same in like manner and on the terms above specified ; 



35 

if on such second sale such land shall produce more than 
sufficient to pay the sum owing thereof, [therefor] with in- 
terest and cost, and five per cent, damages, the residue 
shall, when collected, be paid over to the first purchaser or 
his legal representative. 

Sec. 57. At any time before the sale, payment of the 
interest due, and all costs, together with two per cent, dam- 
ages on the principal sum and interest due and owing for 
said land, shall prevent such sale and revive the original 
contract. 

Sec. 58. In case of such forfeiture, the original pur- 
chaser may be sued for waste or unnecessary injury done 
to such land. 

Sec. 59. Such suit shall be prosecuted by the Auditor 
in the name of the State, for the use of the proper Con- 
gressional township. 

Sec. 60. When any land offered for sale at public auc- 
tion shall remain unsold, the County Auditor may dispose 
of the same at private sale for the best price that can be 
had therefor, not being less than the minimum price affixed 
thereto. 

Sec. 61. After the expiration of the term of four years 
after any appraisement and offer of sale of any lands in 
this State belonging to any township for school purposes, 
and such lands remain unsold, it shall be lawful to re- 
appraise, sell and dispose of said lands in the same manner 
that they would have been had such lands not been previ- 
ously offered for sale : Provided, hoivever, That such ap- 
praised value shall not be below the minimum price as 
now fixed by law. 

Sec. 62. A certified statement of snch sale shall be made 
and signed by the Auditor, and being first recorded by such 
Auditor in the records of the Board of County Commis- 
sioners, shall be delivered to the purchaser when he makes 
his first payment, and shall entitle him to a deed when the 
terms of such purchase shall have been fully complied 
with. 

Sec. 63. Every purchaser, until forfeiture, shall be enti- 
tled to all the rights of possession before existing in such 
Trustee, or township, and to all rights and remedies for 
rents becoming due, or breaches of covenant accruing after 
his purchase, under any lease existing at the time of his 
purchase, and for all waste committed thereafter. 

Sec. 64 A purchaser at such sale failing to make the 
first payment as above required, shall pay ten per centum 



36 

on the sum bid, to be recovered by action before any court 
having jurisdiction, to be prosecuted by the County Audi- 
tor in the name of the State, for the use of the proper 
township, and the Auditor and Treasurer shall be compe- 
tent witnesses. 

Sec. 65. No assignment of a certificate shall be valid 
unless acknowledged before some officer authorized to take 
acknowledgments of deeds, or before the County Auditor, 
who shall in all such ca^es record the same ; assignments 
of certificates heretofore made before any officer authorized 
to take acknowledgments of deeds, when recorded shall 
be as valid as if acknowledged before the County Auditor, 

Sec. 66. When the residue of the purchase money be- 
comes due, the purchaser may retain the same as a loan for 
a term not exceeding three years, on payments annually 
made in advance of the interest thereon, at the rate then 
established by law for the loans of such funds ; but he 
shall receive no deed until full payment is made. 

Sec. 67. Purchasers may at anytime before due, pay a 
part or whole of such purchase money. 

Sec 68. When any such certificate shall be lost before 
a deed be made, on proof thereof by affidavit of the per- 
son interested, or other competent testimony, to be filed 
with the County Auditor, and after three months notice of 
intention to apply for a new certificate given in some news- 
paper printed nearest to where the land lies, such Auditor 
may issue the same to the person entitled thereto. 

Sec. 69. The purchase money and interest, and all 
costs and damages above provided for, shall be paid to the 
Treasurer of the proper county, and his receipt therefor 
filed, by the person paying, with the County Auditor, who 
shall issue his quietus therefor. 

Sec. 70. When such payment is in completion of any 
contract of sale, the amount of such receipt shall be en- 
dorsed by the County Auditor on the certificate of purchase. 

Sec. 71. On full payment for such land a deed shall be 
issued by the County Auditor and entered [on] the record 
book of the Board of County Commissioners. 

Sec. 72. Such deed shall be executed and acknowl- 
edged at the cost of the grantee by the County Auditor, as 
in other cases, and thus executed and delivered, shall vest 
in the grantee, his heirs and assigns forever a complete title 
to the land. 

Sec. 73. The voters of any Congressional township 
may, in the absence of a vote to sell land and in lieu 



37 

thereof, petition the Trustee of the township for such sale, 
and such petition, if signed by a majority of all the voters 
of the township shall be filed with the County Auditor, 
and the same proceeding shall be had as provided in the 
preceding section upon a vote of the inhabitants of the 
township for such sale. Such petition and certificate shall 
be recorded in the record book of the Trustee of the town- 
ship and of the County Auditor, of the investment of 
funds held for the benefit of Common Schools and Con- 
gressional townships. 

Sec. 74. The principal of all moneys, whether belong- 
ing to the Common School fund, or to the Congressional 
Township school fund, received into the county treasury, 
shall be loaned at seven per cent, per annum, payable an- 
nually in advance, and the interest paid out as prescribed 
in this act, and not otherwise; and any judgment upon 
any note or mortgage for any part of said fund, shall bear 
seven per cent, interest from the date thereof till the same 
is paid. 

Sec. 75. Such loans shall be made by the County Au- 
ditor, who shall inform himself of the value of the real 
estate offered in [the] mortgage, and be satisfied of the 
validity of the title thereof; and all persons applying for a 
loan shall produce to said Auditor title papers, showing to 
his satisfaction a 'good and sufficient title' in fee simple, 
without incumbrance not derived from sale of taxes. 

Sec. 76. The Auditor shall require three disinterested 
freeholders of the neighborhood to appraise any land offered 
in mortgage. 

Sec 77. Such appraisers being first officially sworn, 
shall examine and appraise such land, and sign and give 
to the applicant a certificate, setting forth the fair cash 
value of the land at the time, without taking into conside- 
ration perishable improvements. 

Sec. 78. In making such loans, preference shall be given 
to the inhabitants of the county, if security be adequate, 
and no land shall be received as security unless situated in 
the county where the loan is made. 

Sec. 79. The amount loaned to any person or company 
shall not exceed one thousand dollars. 

Sec. 80. The applicant for a loan shall file with the 
Auditor the certificate of the Clerk and Recorder that 
there is no incumbrance on said land in either of said 
^offices. 

.Sec. 81. Such applicant shall make oath that there is 



no incumbrance or better claim that he knows of, and that 
the abstract of the title presented by him is, as he believes. 
a true one. 

Sec. 82. No loan shall be made for a longer term than 
five years. 

Sec. 83. The sum loaned shall not exceed one-half of 
the appraised value of the premises proposed to be mort- 
gaged, clear of all perishable improvements. 

Sec. 84. The Auditor shall have power to administer 
all oaths, and take acknowledgments required by this act. 

Sec. 85. Mortgages taken for such loans shall be con- 
sidered of record from the date thereof, and shall have 
priority of all mortgages or conveyances not previously 
recorded, and all other liens not previously incurred in the 
county where the land lies. 

Sec 86. The Auditor shall cause such mortgages to be 
recorded immediately, retaining the cost of recording out 
of the money borrowed. 

Sec. 87. On failure to pay any installment of interest 
when the same becomes due, the principal sum shall forth- 
with become due and payable, and the Auditor may pro- 
ceed to collect the same by suit on the note, or by sale of 
the mortgaged premises. He may also, by suit, recover 
the possession of the mortgaged premises, before sale there- 
of; and he shall, on the fourth Monday in- March, annually, 
offer for sale all mortgaged lands, on which payment of 
interest are due, on the first day of January, and unpaid 
on the day of sale. 

Sec. 88. The mortgage may be in substance as follows, 
and the Auditor shall specify therein whether the same be- 
longs to the common school fund, or to the Congressional 
township fund ; and if the latter, the particular township 
or townships whose funds are thus loaned : 

FORM OF MORTGAGE. 

Sec 89. I, A. B., of the county of , in the State 

of Indiana, do mortgage to the State of Indiana, for the 
use of, (here describe the fund out of which the loan was 

made,) all (here describe the land,) for the payment of 

dollars, with interest at the rate of seven per cent, per an- 
num, payable annually in advance, according to the condi- 
tions of the note hereto annexed. 

Sec 90. The note accompanying the same may be in 
substance as follows, to-wit : I, A. B., promise to pay to 



the State of Indiana, for the use of (here recite the partic- 
ular fund,) on or before , the sum of dollars, 

with interest thereon at the rate of seven per cent, per an- 
num in advance, commencing on the dav of , 

18 — , and do agree that in case of failure to pay an install- 
ment of interest when the same shall become due, the 
principal sum shall become due and payable, together with 
all arrears of interest; and on failure to pay such principal 
or interest when due, two per cent, damages shall be col- 
lected, with costs, and the premises mortgaged may be sold 
by the County Auditor for the payment of such principal 
sum, interest, damages and costs. 

Sec. 91. On making loan of any fund the Auditor 
shall draw his warrant in favor of the borrower upon the 
County Treasurer, who shall charge it to the proper fund. 

Sec. 92. All loans refunded, and all interest, shall be 
paid to the County Treasurer, and his receipt shall be filed 
with the County Auditor, who shall give the payer a quie- 
tus therefor, and make proper entries. 

Sec. 93. Whenever the amount due on any mortgage 
shall be paid, and the Treasurer's receipt therefor filed, the 
Auditor shall indorse on the note and mortgage that the 
same has been fully satisfied, and surrender the same to 
the person entitled thereto ; and, on production of the same 
thus indorsed, the Recorder shall enter satisfaction upon 
the record. 

Sec 94. In all cases when the mortgaged premises 
shall fail to sell for a sum sufficient to satisfy the principal 
and interest of the loan made, and the damages accrued by 
reason of such failure, and costs, the County Auditor shall 
bring suit on the notes executed by the mortgager; and 
whenever judgment shall be rendered thereon, no appraise- 
ment of property shall be allowed on execution issued on 
such judgment. 

Sec. 95. Before sale of mortgaged premises, the Au- 
ditor shall advertise the same in some newspaper printed 
in the county where the land lies, if any there be, otherwise 
in a paper in the State nearest thereto, for three weeks 
successively, and also by notice set up at the court-house 
door, and in three public places in the township where the 
land lies. 

Sec 98. At such sale, which shall be held at the court- 
house door, the Auditor shall sell so much of the mort- 
gaged premises, to the highest bidder, for cash, as will pay 
the amount due for principal, interest, damages and costs. 



And when less than the whole tract mortgaged shall be 
sold, the quantity sold shall be taken in a square form, as 
nearly as possible, off the northwesterly corner of said 
tract, and when less than the whole of any inlot or outlot 
of any town or city shall be sold, the part sold shall be 
laid out and taken off, so that it shall extend from the main 
or principal street or alley on which the said lot fronts, to 
the rear thereof, to divide the same by a line as nearly par- 
allel with the boundaries of said lot as practicable ; and if 
less than the whole is sold, the Auditor, in his notice of 
sale, shall indicate off of which side or end of said lot the 
part to be sold shall be taken ; and if more than one tract 
of land is included in the mortgaged premises, the Auditor 
shall elect which tract or tracts shall be sold, saving to the 
mortgager, if practicable, the tract on which his house is 
located ; and if a tract of land so mortgaged, and liable to 
be sold to satisfy the mortgage, cannot be divided without 
materially diminishing the value of, or if any inlot or out- 
lot be indivisible, by reason of extensive buildings or other 
improvements thereon, the Auditor may sell the whole 
thereof, and, after paying the amount due for principal, 
interest, damages and" costs, out of the purchase money, 
shall pay the balance, if any to the mortgager; and if the 
Auditor sell any part of a tract of land, outlot or inlot, for 
more than the amount of principal, interest, damages and 
costs, the excess, if any, shall be paid to the mortgager. 

Sec. 97. In case of no bid for the amount due, the 
Auditor shall bid in the same, on account of the fund, and 
as soon thereafter as may be, shall sell the same, having 
first caused it to be appraised by three disinterested free- 
holders of the neighborhood, on a credit of five years, with 
interest at seven per cent, per annum, being payable an- 
nually in advance, but no such sale shall be for a less sum 
than the appraised value thereof. 

Sec. 98. Lands heretofore bought in on account of the 
fund, which have been appraised, shall be sold in like man- 
ner, and if upon sale of any such land, a sum is realized 
which is more than sufficient to pay the principal, interest, 
damages and costs, the overplus shall be paid to the 
original mortgager, his heirs, or assigns, when collected. 

Sec. 99. Upon full payment being made for such lands, 
the deeds thereof shall be executed by the County Auditor, 
and shall be entered in the record of the Board of County 
Commissioners before delivery. 

Sec. 100. At the public sale at the court-house door. 



41 

provided for in this act, the County Treasurer shall also 
attend and make a statement of such sales, which shall be 
signed by the Auditor and Treasurer, and after being re- 
corded in the Auditor's office, shall be filed in the Treasu- 
rer's office, and such record, or a copy thereof, authenticated 
by the Auditor and Treasurer's certificate, shall be received 
as evidence of the matters contained therein. 

Sec. 101. When any land is laid [bid] off by the Au- 
ditor at such sale, no deed need be made therefor to the. 
State, but the statement of such sale, and the record 
thereof, shall vest the title in the State, for the use of the 
proper fund. 

Sec. 102. Form and modes of book-keeping shall, from 
time to time, be prescribed for County Auditors and 
County Treasurers by the State Superintendent of Public 
Instruction. 

Sec 103. The County Auditors and County Treasu- 
rers shall annually report in writing to the Board of County 
Commissioners of the respective counties, at the June ses- 
sion of said Board, relative to the school fund held in trust 
by said counties, distinguishing, in said reports, between 
the Congressional township and common school funds, in- 
dicating the amount thereof, the additions to them within 
the current year then ending, the sources from whence such 
additions are derived, the condition of them as to their 
safety, giving the amount thereof safely invested, unsafely 
invested, and uninvested, and lost, at the date of said report, 
giving also the amount of interest collected upon said 
funds within the year then ending, and the amount then 
due and unpaid. 

Sec 104. The Board of County Commissioners shall 
annually, at their June session, in [the] presence of the 
Auditor and Treasurer, examine said reports, the accounts, 
and proceedings of said officers, in relation to said funds, 
and the revenue derived from them. They shall compare 
with said reports, the cash, the note.s, mortgages, records 
and books of said offices, with a view to ascertain the 
amount of said funds and their safety, and do whatever 
may be necessary to secure their preservation and the 
prompt payment of the annual interest thereon as the same 
becomes due, and make up to said funds losses which have 
accrued or may accrue. 

Sec 105. The County Commissioners, at said session,, 
shall make out for their respective counties a report in 
writing of the result of such examination, showing : 



42 

1st. The amounts of said funds at the close of the last 
year. 

2d. Amount added from sale of land within the year. 

3d. The number of acres of unsold Congressional 
township school lands, and the approximate value thereof. 

4th. The amount added from fines and forfeitures. 

5th. The amount added by the Commissioners of the 
Sinking Fund. 

6th. The amount added from all other sources. 

7th. The total amount of the funds. 

8th. The amount refunded within the year. 

9th. The amount re-loaned within the year. 

10th. The amount safely invested. 

11th. The amount unsafely invested. 

12th. The amount uninvested at date of report. 

13th. Amount of fund lost since 1842. 

14th. Amount of interest collected within the year. 

15th. Amount of interest delinquent. 

And in said report the Commissioners shall distinguish 
between the Congressional township fund and the common 
school fund, and in their account of the interest or reve- 
nues derived from said fund they shall observe the same 
distinction. 

Sec. 106. Such report shall be entered on the records 
of said Board, and copies thereof, signed by the members 
of the Board, the Auditor and Treasurer, shall be trans- 
mitted to the Auditor of State, and the Superintendent of 
Public Instruction. 

Sec 107. County Auditors shall receive for their ser- 
vices in managing the school funds the two per cent, dam- 
ages accruing on all sales for non-payments of loans, two 
per cent, on all loans on which the mortgaged premises are 
advertised for sale and not sold, and four per cent, on all 
disbursements of interest; and the County Treasurer shall 
receive one per cent, on all disbursements of interest, and 
one per cent on the amount of school tax disbursed ; and 
the sum of said per cent, on disbursements, thus ascer- 
certained, shall be paid in the same manner, and out of the 
same revenue, as other services of said officers are paid. 

Sec 108. The following fees, only, shall be charged in 
cases of mortgage for loans : 

To each appraiser 50 cents. 

For recording mortgage $1 

For drawing mortgage. $1 

For making borrower's affidavit 10 cents. 



43 

For Clerk's certificate 50 cents. 

And Recorder's certificate and examining title, 

each $1 

Which shall be paid by the borrower. 

OF THE DISTRIBUTION OF THE SCHOOL, REVENUE. 

Sec. 109. There shall be two apportionments of the 
school revenue for tuition, made in each year by the State 
Superintendent of Public Instruction, one on the fourth 
Monday in May, and the other on the fifteenth day of Oc- 
tober, unless the said day of the month should be Sunday, 
and if so, on the day following. 

Sec 110. To enable the Superintendent to make said 
apportionments, and ascertain the amount of said revenue 
collected and ready for that purpose, the Auditors of the 
several counties of the State shall promptly, after making 
the settlements with the County Treasurer of their respec- 
tive counties, in April, for the amount collected on tax list, 
and in October for the amount, of delinquent tax collected, 
make report to said Superintendent of the precise amount 
of school revenue for tuition collected in their respective 
counties, and ready for apportionment and distribution, 
which report shall be verified by the oath or affirmation of 
the Auditor indorsed thereon. 

Sec. 111. That the first of said reports in each year shall 
not be delayed later than the third Monday in May, and 
the second not later than the tenth day of October ; said 
reports shall show — 1st. The amount of school tax collected 
since the last report, whether upon the current year's tax 
list, or delinquent tax. 2d. The amount of interest col- 
lected since the last semi-annual report, and the amount 
of any not previously reported upon loans of Common 
School funds, or on any indebtedness which is due, or pay- 
able to said funds arising from the sale of seminary property, 
or otherwise. 3d. The amount derived from liquor licenses 
and unclaimed fees not previously reported. 4th. The 
total amount of school revenue thus collected and ready 
for apportionment. 5th. The income derived from the 
Congressional township school fund, including the interest 
on loans oi said fund, and on deferred payments for school 
lands which have been sold, and the rents and profits de- 
rived from the leasing or renting of any such lands or oth- 
erwise. 6th. The amount of said income from the Con- 
gressional township fund on hand for distribution in parts 



44 

of the townships in the adjacent counties, specifying the 
amount on hand for each of the several counties. 

Sec. 112. When the Congressional township lies partly 
in one county and partly in another, the Auditor of the 
county in which the fund of such township is managed 
shall notify the Auditor of the county in which any por- 
tion is situated, of the amount due to such portion. 

Sec 113. On failure of any County Auditor to make 
his said semi-annual report in time for said apportionments 
his county shall be subject to a diminution of $100 in the 
next apportionment of said revenue by the Superintendent. 
The sum thus withheld may be collected from said Audi- 
tor, in a suit before a justice of the peace, prosecuted in 
the name of the State, by any person living in said county 
who has children enumerated for school purposes for the 
current year, who is aggrieved by said diminution ; said 
suit shall be commenced within two years from the time 
when said report was due, and not afterwards: Provided, 
That said Auditor may discharge himself from liability to 
such suit by a certificate of the postmaster that said report 
was mailed in due time, together with his own affidavit of 
that fact. 

Sec. 114. The State Superintendent of Public Instruc- 
tion shall, on the days fixed by section 109 of this act for 
his apportionment of said revenue in each year, add to the 
sum total of said revenue in readiness in each county for 
apportionment, the sum of twenty-five thousand dollars of 
the State's indebtedness to the schools, which additions 
shall continue to be made at each apportionment until the 
whole of said indebtedness, together with six per cent, in- 
terest thereon from the time said indebtedness accrued, is 
paid. The amount of which debt and interest shall be 
settled and adjusted by and between the Superintendent 
of Public Instruction and the Auditor of State; and after 
said addition, the Superintendent shall apportion the whole 
of said sum to the several counties of the State, according 
to the last enumeration of children therein, with due refer- 
ence to the diminutions provided for by Sections 41 and 113 
of this act, and without taking into consideration the reve- 
nue derived from the Congressional township school fund 
in such apportionment. 

Sec. 115. Said Superintendent shall make out and 
have printed a statement showing, 

First. The enumeration of children in each county. 

Second. The amount of school revenue ready for ap- 



45 

portionment in each county, and the source from which the 
same is derived, including said addition from the State in- 
debtedness. 

Third. The distributive share thereof apportioned to 
each county. 

A copy of said statement he shall file with the Auditor 
of State and Treasurer of State, and he shall forward a 
copy thereof by mail to each of the County Auditors, 
School Examiners and County Treasurers of the State. 

Sec. 116. The Auditor of State shall, at the time of 
making the. semi-annual settlements with the se\eral 
County Treasurers, give them each a warrant on the State 
Treasury for the distributive share of said revenue appor- 
tioned to their respective counties, the amount of which 
shall be retained by said Treasurers out of the money or. 
revenue in their hands, and the balance ascertained to be 
due to the State, of ordinary State revenue, or other reve- 
nue, together with said warrant, shall be paid into the 
State Treasury, and the settlemen between the respective 
County Treasurers and the Audito] ( State, and the 
drawing of the warrant or the amount apportioned to 
their respective counties, the ascertainment ol the balance 
payable into the State Treasury, and the payment of said 
balance, and retention by County Treasurer of his distribu- 
tive share of school revenue, according to said apportion- 
ment, shall be concurrent acts, and shall be done and per- 
formed in such a manner as to effect a complete semi- 
annual disbursement from the State Treasury to the several 
counties of the State, of all the school revenues then ap- 
portioned to them, and as soon as practicable after the 
apportionment is made. 

Sec. 117. If at any time, from any cause whatever, an 
unapportioned balance of school revenue shall appear in 
the State Treasury, other than that which is nominally 
therein at [the] passage of this act, the Superintendent of 
Public Instruction shall add said balance to the sum to be 
apportioned, and apportion it at the next succeeding appor- 
tionment after such balance so appears. 

Sec. 118. The Auditor of each county shall, semi- 
annually, on the second Mondays of June and November, 
make apportionment of the school revenue, to which his 
county is entitled, to the several townships and incorpo- 
rated towns and cities of the county, which apportionment 
shall be paid to the School Treasurer of each township 
and incorporated town and city, by the County Treasurer, 



46 

and, in making the said apportionment and distribution 
thereof, the Auditor shall ascertain the amount of the 
Congressional township school revenue belonging to each 
city, town and township, and shall so apportion the other 
school revenue for tuition to each city, town and township, 
as near as may be, according to the enumeration of chil- 
dren therein : Provided, however, That in no case shall 
the income of the Congressional township fund belonging 
to any Congressional township, or part of such township, 
be diminished by such apportionment, or diverted or dis- 
tributed to any other township, and report the amount 
apportioned to the Superintendent of Public Instruction, 
verified by affidavit. 

Sec. 119. There shall be elected, by the qualified voters 
of the State, at a general election, a State Superintendent 
of Public Instruction, who shall hold his office for two 
years. 

Sec. 120. His official term shall commence on the fif- 
teenth day of March, succeeding his election. He shall 
take and subscribe the oath prescribed by law, which pro- 
ceeding shall in all things conform to the law relative to 
the oaths of public officers. 

Sec. 121. The Superintendent shall be charged with 
the administration of the system of public instruction, and 
a general superintendence of the business relating to the 
common schools, of the State, and of the school funds and 
school revenues set apart and appropriated for their sup- 
port. A suitable office shall be furnished for him, at the 
seat of government, at which the books, papers and effects 
relating to the business of said office shall be kept, and 
there he shall give reasonable attendance to the business 
and duties of the office. He shall render an opinion in 
writing, to any school officer asking the^ame, touching the 
administration or construction of the school law. He is 
hereby authorized to employ two clerks for said office, at a 
rate of compensation not exceeding one thousand dollars 
for the first, and eight hundred dollars for the second, to be 
paid as the clerks of the office of the Auditor of State are 
paid, and the said sums are hereby annually appropriated 
for that purpose. 

Sec 122. In the month of January, in each year in 
which there is no regular session of the General Assembly, 
he shall make a brief report, in writing, to the Governor, 
indicating in general terms the enumeration of the chil- 
dren of the State, for common school purposes, the addi- 



47 

tions to the permanent school fund within the year, the 
amount of school revenue collected within the year, and 
the amounts apportioned and distributed to the schools. 

Sec. 123. At each regular session of the General As- 
sembly, on or before the fifteenth day of January, said 
Superintendent shall present a biennial report of his admin- 
istration of the system of public instruction, in which he 
shall furnish' a brief exhibit, 

1st. Of his labors, the results of his experience and ob- 
servation as to the operation of said system, and suggest 
the remedy for observed imperfections. 

2d. Of the amount of the permanent school funds, and 
their general condition as to safety of manner of invest- 
ment; the amount of revenue annually derived therefrom, 
and from other other sources ; estimates for the following 
two years, and the estimated value of all other property 
set apart or appropriated for school purposes. 

3d. Of such plans as he may have matured for the bet- 
ter organization of the schools, and for the increase, safe 
investment and better preservation and management of the 
permanent school funds, and for the increase and more 
economical expenditure of the revenue for tuition. 

4th. He shall present a comparison of the results of the 
year then closing, with those of the year next preceding, 
and, if deemed expedient, of years preceding that, so as to 
indicate the progress made in the business of public in- 
struction. 

5th. He shall furnish such other information relative to 
the system of public instruction, the schools, their perma- 
nent funds, annual revenues, &c, as he may think to be of 
interest to the General Assembly. 

He shall append to said report statistical tables compiled 
from the materials transmitted to his office by the proper 
officers, with proper summaries, averages and totals 
appended thereto. He shall append a statement of the 
semi-annual collections of school revenue, and his appor- 
tionment thereof, and, when he deems it of sufficient inter- 
est so to do, he shall append extracts from the correspond- 
ence of school officers, tending to show either the salutary 
or defective operation of the system, or of any of its parts, 
and shall cause ten thousand copies to be printed and dis- 
tributed to the several counties of the State. 

Sec 124. He shall visit each county in the State at 
least once during his term of office, and examine the Au- 
ditor's books and records relative to the school funds and 



48 

revenues, with a view to ascertain the amount and the 
safety and preservation of said funds and revenues, and 
for that purpose he shall have access to, and full power to 
require for inspection, the use of the books and papers of 
the Auditor's offices ; and whenever he may discover that 
any of the school funds are unsafely invested, and unpro- 
ductive of school revenue, or that any of the school reve- 
nues have been diverted from their proper objects, he shall 
report the same to the General Assembly ; meeting with 
such of the school officers as may attend his appointment; 
counseling with the teachers, and lecturing upon topics cal- 
culated to subserve the interests of popular education. 

Sec. 125. He shall receive, for traveling and other ex- 
penses, while traveling on the business of the Department, 
a sum not exceeding six hundred, dollars per annum; and 
an appropriation of that amount is hereby made for that 
purpose, annually. 

Sec. 126. He shall exercise such supervision over the 
school funds and revenues as may be necessary to ascer- 
tain their safety, and secure the preservation and applica- 
tion to their proper object, and cause to be instituted, in 
the name of the State of Indiana, for the use of the proper 
fund or revenue, all suits necessary for the recovery of any 
portion of said funds or revenues ; and it is hereby made 
the duty of the proper Circuit Prosecuting Attorney to 
prosecute all such suits at the instance of the Superintend- 
ent, and without charge against said funds or revenue. 

Sec. 127. He may require of the County Auditors, 
School Examiners, County Treasurers, Trustees, Clerks 
and Treasurers, copies of all reports required to be made 
by them, and all such other information in relation to the 
duties of their respective offices, so far as they relate to 
the condition of the school funds, revenues and property of 
the common school, and the condition and management of 
such schools, as he may deem important. 

Sec. 128. He may prepare and transmit to the proper 
officers suitable forms and regulations for making all re- 
ports, and the necessary blanks therefor, and all necessary 
instructions for the better organization and government of 
common schools, and conducting all necessary proceedings 
under this act. 

Sec. 129. He shall cause as many copies of the acts o 
the General Assembly, in relation to the common schoo 
or the school funds, with necessary forms, instructions a 
regulations, to be from time to time printed and distribut 



49 

among the school townships, as he shall deem the public 
good requires. 

Sec. 130. He shall supply each common school library 
with the legislative and documentary journals, and the acts 
of each session of the General Assembly, and his own an- 
nual reports, and at the expiration of his term of office 
shall deliver to his successor possession of the office, and 
all books, records, documents, papers and other articles 
pertaining or belonging to his office. 

OF TOWNSHIP LIBRARIES. 

Sec. 131. [Repealed. Acts 1867, page 177.] 

Sec. 132. The said taxes are hereby appropriated, and 
shall be applied exclusively to the purchase of books for 
the township school libraries, under the direction of the 
State Board of Education, but no sectarian, or strictly 
party work shall be admitted into said libraries. 

Sec. 133. The amount of said taxes, when collected, 
shall be paid by the County Treasurers to the Treasurer of 
State at the time of making their annual settlement, and 
shall be paid out by that officer upon the warrant of the 
Auditor of State. 

Sec. 134. The Superintendent of Public Instruction 
shall superintend the purchase of books for township libra- 
ries, under such regulations as the State Board of Educa- 
tion may adopt, and report to said Board his proceedings 
in relation thereto ; and said Board shall order the issuing 
of the warrants by the Auditor of State for the payment 
of said purchase from said library revenue. 

Sec. 135. The State Board of Education shall, when 
such libraries have been received, cause the same to be 
distributed to the several townships in the State, under the 
direction of the State Superintendent, who shall apportion 
the same according to the school population of the town- 
ships: Provided, however, That existing inequalities in 
township libraries shall first be corrected, and that an equal 
allotment be made to each of the State prisons as is dis- 
tributed to townships. 

Sec. 136. Such libraries shall be in charge of the Town- 
ship Trustees, shall be deemed the property of the town- 
ship, and shall not be subject to sale or alienation from any 
cause whatever. 
4 



50 

Sec. 137. Such Trustee shall be accountable for the 
preservation of said libraries, may prescribe the time of 
taking, and the period of retaining books, assess and re- 
cover damages done to them by any persons, and adopt 
regulations necessary for their preservation and usefulness; 
he shall provide book cases and blank books ruled, in which 
to keep an account of books taken out and returned, and 
report the number, each year, to the Examiner, and at the 
commencement of each school term, at each school house 
in their respective townships, shall cause a notice to be 
posted up, stating where the library is kept, and inviting 
the free use of the books thereof by the persons of their 
respective townships. 

Sec. 138. Every family in the township shall be enti- 
tled to the use of two volumes at a time from said library, 
whether any member of such family shall attend school or 
not. 

Sec. 139. The Trustees may deposit the library at 
some central or eligible place in the township, for the con- 

Sec 137. This section assigns the management and preservation of 
the township library to the Township Trustee. The Trustee's duties in 
these particulars are specifically set forth in this section as follows : 

1. The prescribing of rules and regulations for management of the 
library. 

2. The providing of suitable book-cases and rooms for library. 

3. The appointment of a librarian. 

4. An announcement at the opening of each term of school through- 
out the township, giving the needed information concerning the location 
of the library and rules governing the same. 

It is hoped Trustees will faithfully carry out these provisions, it being 
of the first importance that these books be both read and preserved. 

The Trustee is partially responsible for the former of these results, 
and wholly for the latter. In view, therefore, of these results, and the 
great benefits to accrue to the community from a proper use of these 
libraries, it is specially urged upon Trustees that they give this matter 
due attention. 

Trustees should promptly assess and collect damages for injury or loss 
of books, or require the librarian to do the same. 

Sec. 139. Libraries need not of necessity be located at the geographic 
centre of the township, but rather at the place most convenient to the 
greatest number of citizens. Neither need they always be kept in the 
saias place, but may, if the Trustee shall deem best, be changed as the 
wants of the community require. 



51 

venience of scholars and families, and they may appoint 
for that purpose a librarian to have the care and superin- 
tendence thereof. 

Sec. 140. The library shall be open to all persons enti- 
tled to its privileges throughout the year, without regard to 
school sessions, Sundays and holidays excepted. 

MISCELLANEOUS PROVISIONS. 

Sec 141. The books, papers and accounts of any 
Trustee, relative to schools, shall at all times be subject to 
the inspection of the School Examiner, the County Au- 
ditor, and of the Board of County Commissioners of the 
proper county. 

Sec 142. For the purpose of such inspection, said Ex- 
aminer, Auditor and Board of County Commissioners 
may, by subpoena, summon before them any Trustee, and 
require the production of such books, papers and accounts; 
three days' notice of the time to appear and produce them 
being given. 

Sec 143. If any such books and accounts have been 
imperfectly kept, said Board or Commissioners may correct 
them, and, if fraud appear, shall remove the person guilty 
thereof. 

Sec 144. Process in such suits against a school town- 
ship, town or city, shall be by summons executed by leav- 
ing a copy thereof with the Trustee of such township, 
town or city, ten days before the return day thereof; and 
in case of an appeal, similar notice of the time of hearing 
thereof shall be given. 

Sec 145. Suits brought on behalf of the school of any 
township, town or city, shall be brought in the name of 
the State of Indiana, for the use of such township, town 
or city. 

Sec 146. Any person who shall sue for or on account 
of any decision, act, refusal, or neglect of duty, of the 
Township Trustee, for which he might have had an appeal, 
according to the provisions of the preceding section, shall 
not recover costs. 

Sec 147. The Common Schools of the State shall be 
taught in the English language, and the Trustee shall pro- 
vide to have taught in them Orthography, Reading, Wri~ 

Sec 147. The German, Latin and other languages may be taught hi'; 
the common schools, provided the schools be taught in the English Ian- 



52 

ting, Geography, Arithmetic, English Grammar, and good 
behavior, and such other branches of learning, and other 
languages, as the advancement of pupils may require, and 
the Trustee from time to time direct; and the tuition in 
said school shall be without charge. 

Sec. 148. The County Commissioners of each county 
are required to conform the boundary of their civil town- 
ships to those of Congressional townships, so far as it is 
practicable to do so. 

Sec. 149. The proper Trustee may, whenever a school 
house shall have been removed to a different location, or a 
new one erected for the school in a different place, if the 
land whereon the same is situated belongs unconditionally 
to the township, town or city, sell the same when, in his 
opinion, it is advantageous to the township, town or city 
so to do, for the highest price that can be obtained there- 
for ; and upon the payment of the purchase money (to the 
township, town or city treasurer, he shall execute to the 
purchaser) a deed of conveyance, which shall be sufficient 
to vest in such purchaser all the title of such township, 
town or city thereto. The money derived from such sales 
shall be a part of the special school revenue. 

Sec 150. When any officer authorized to sell school 
lands shall have sold any lands without a title thereto, such 
officer, or his successor in office, may convey such other 
lands of equal value as may be agreed upon by such offi- 
cer and the purchaser, his heirs or assigns ; or failing to 
make such agreement, [the purchase money, with interest, 
shall be repaid to] the purchaser, his heirs, executors, ad- 
ministrators or assigns ; but no such purchase money shall 
be thus repaid until the proper Prosecuting or District At- 
torney shall have investigated the facts of the case, and 
certified to the correctness of the claim. 

Sec. 151. The County Auditors of the several counties 
of this State shall, immediately upon the taking effect of 
this act, open an account upon their books with each of 
the Congressional townships of their respective counties, 
whose funds are managed by them, and transfer to such 

guage, and all text-books be printed in English, save those necessary to 
instruction in other languages. 

Trustees, when satisfied that the adrancement of pupils demands it, 
may provide for instruction in branches other than those enumerated in 
Ahis section. 



53 

account, from the Common School fund account, the prin- 
cipal of the Congressional township fund, as it existed 
before its consolidation with the Common School fund, 
and shall thereafter keep a separate account of the prin- 
cipal and interest of the Congressional township fund of 
each township. 

Sec. 152. Where the whole of the school funds of a 
county have been loaned, the Auditor will apportion to 
each Congressional township a sufficient number of mort- 
gages to cover the principal of its Congressional township 
fund ; and where a part of the school funds only are loaned, 
the Auditor will so apply a proportional amount ; and the 
cash on hand, when loaned, shall be for the benefit of the 
Congressional townships respectively, to the amount of the 
entire principal of their Congressional fund; and in all 
loans made after the taking effect of this act, the note and 
mortgage shall specify the particular fund borrowed. 

STATE BOARD OF EDUCATION. 

Sec 153. The Governor of the State, the State Su- 
perintendent of Public Instruction, the President of the 
State Univerity, the President of the State Normal School, 
when the same shall be established, the Superintendents of 
Common Schools of the three largest cities in the State, 
shall constitute a Board, to be denominated the Indiana 
State Board of Education. The size of the cities shall, 
for this purpose, be determined by the enumeration of chil- 
dren, for school purposes, annually reported by School Ex- 
aminers to the Superintendent of Public Instruction. The 
Superintendent of Public Instruction shall, ex officio, be 
President of the Board, and, in his absence, the members 
present shall elect a President pro tempore. The Board 
shall elect one of its members Secretary and Treasurer, 
who shall have the custody of its records, papers and 
effects, and shall keep minutes of its proceedings : Pro- 
vided, That such records, papers, effects and minutes shall 
be kept at the office of the Superintendent, and shall be 
open for his inspection. The said Board shall meet, upon 
the call of the President or a majority of its members, at 
such place, in the State, as may be designated in the call, 
and shall devise, adopt and procure a seal, on the face of 
which shall be the words, " Indiana State Board of Edu- 
cation," and such other device or motto as the Board may 
direct, an impression and written description of which shall 



54 , 

be recorded on the minutes of the Board, and filed in the 
office of [the] Secretary of State ; which seal shall be used 
for the authentication of the acts of the Board, and the 
important acts of the Superintendent of Public Instruc- 
tion. 

Sec. 154. Said Board, at its meetings, shall perform 
such duties as are prescribed by law, and may make and 
adopt such rules, by-laws and regulations as may be neces- 
sary for its own government, and for the complete carrying 
into effect the provisions of the next section of this act, 
and not in conflict with the laws of the State ; and shall 
take cognizance of such questions as may arise in the 
practical administration of the school system as are not 
otherwise provided for, and duly consider, discuss and de- 
termine the same. 

Sec 155. Said Board may grant State Certificates of 
Qualification to such teachers as may, upon a thorough 
and critical examination, be found to possess eminent 
scholarship and professional ability, and shall furnish satis- 
factory evidence of good moral character. They shall hold 
stated meetings, at which they shall examine all applicants, 
and those found to possess the qualifications herein above 
named shall receive such certificate, signed by the Presi- 
dent of the Board, and impressed with the seal thereof; 
and the said certificate shall entitle the holder to teach in 
any of the schools of the State without further examina- 
tion, and shall also be valid during the lifetime of said 
holder, unless revoked by said Board. Each applicant for 
examination shall, on making application, pay to the Trea- 
surer of the Board five dollars as a fee. 

Sec 156. The members of said Board, other than the 
Governor and Superintendent of Public Instruction, shall 
be entitled to receive the same amount of compensation, 
per day, while in session, and mileage as members of the 
General Assembly, which amount shall be certified by the 
Board to the Auditor of State, who shall draw his warrant 
therefor, payable out of the general fund, which shall be 
reimbursed to the general fund by the Treasurer of the 
Board paying into it that amount out of the money received 
by him as fees for certificates, and if there is any residue 
of money received as such fees, it shall be expended by the 
Superintendent of Public Instruction in the purchase of 
suitable books for an office library. 

Sec 157. The title to all lands acquired for school pur- 
poses shall be conveyed to the township, incorporated town 



55 

or city, for which it is acquired, in the corporate name of 
such township, town or city, which is used for school pur- 
poses, for the use of Common Schools therein. In all cases 
in which the title to any such land is vested in any other 
person or corporation than as above provided, it shall be 
the duty of [the] Trustee, for school purposes of the town- 
ship, town or city, to procure the title to be vested as above, 
in this section provided. 

Sec. 158. When a school house is unoccupied by a 
Common School of the State, and the people who form the 
school at such house desire that a private school be taught 
therein, and a majority of them make application to the 
Trustee having charge of such house, for the use of it for 
such private school, it shall be the duty of the Trustee to 
permit said school house to be used for such private school, 
by such teacher as may be mentioned in trie application, 
and not for a longer time than until said house may be 
wanted for a public school ; and such permission and use 
shall be upon the condition that the teacher employed in 
such school shall report, in writing, to the Trustee: First. 
The number of teachers employed, distinguishing between 
male and female. Second. The number of pupils admitted 
into the school within the term, and the average daily 
attendance. Third. The cost of tuition, per pupil, per 
month, in said school. 

teachers' institutes. 

Sec 159. In order to the encouragement of " Teachers' 
Institutes," the several County Auditors of the several 

Sec 158. It is not the intention of this section to deny the Trustee 
the right to permit the use of a school house for a private school, in the 
absence of a petition, unless there shall be a protest of a majority of the 
district against such use. 

In order to secure proper qualification on the part of the teacher, it is 
recommended that, other things equal, the house be let to a teacher 
holding a valid license. 

To secure the preservation of the house, it is recommended that some 
reliable party should be held responsible to the Trustee for proper care 
of such property, and for repair of all damages, natural " wear and tear" 
excepted. This party may be the teacher or others, as may be agreed 
upon. 

It is hoped that Trustees will insist upon reports from teachers, as pro- 
vided for in the latter part of this section. 



56 

counties of this State shall, whenever the County School 
Examiner of their county shall file, with said Auditor, his 
official statement, showing that there has been held, for 
five days, a Teachers' Institute in said county, with an ave- 
rage attendance of twenty-five teachers, or of persons pre- 
paring to become such, draw his warrant in favor of said 
School Examiner, on the County Treasurer, for thirty-five 
dollars, and in case there should be an average attendance 
of forty teachers, or persons preparing to become such, 
then the said County Auditor shall draw his warrant on 
the Treasurer for fifty dollars, for the purpose of defraying 
the expenses of said Institute : Provided, however, That 
but one of said payments be made in the same year. 

Sec. 160. When any such Institute is in session, the 
Common Schools of the county in which said Institute 
shall be held, shall be closed during the session of said 
Institute. 

Sec. 161. The several County School [Examiners] are 
hereby required, as a part of their duty, to hold, or cause 
to be held, such Teachers' Institutes at least once in each 
year in their respective counties. 

Sec. 162. If any parent, guardian, or other person, from 
any cause, fancied or real, visit a school with the avowed 
intention of upbraiding or insulting the teacher in the pre- 
sence of the school, and shall so upbraid or insult a teacher, 
such person, for such conduct, shall be liable to a fine of 
not more than twenty-five dollars, which, when collected, 
shall go into the general tuition revenue. 

Sec. 159. The money drawn from the county treasury, in accordance 
■with this section, is to be used in defraying the necessary expenses of the 
Institute, such as Superintendent's fees, lecturers' expenses, printers' 
bills, and the like. If, after all expenses of this character shall have been 
met, there remains a balance unexpended, that balance may be held over 
for the use of the next Institute, or may be applied on the per diem of 
the Examiner for services rendered in the Institute. 

Sec. 160. The Examiner should notify the School Trustees of the 
time when the Institute will be held, and they should cause the schools o* 
their respective corporations to be closed, as required in this section. 

Sec. 161. In case the Examiner is inexperienced in the management 
of an Institute, it is recommended that, when practicable, the services of 
an experienced Institute holder should be secured. 



57 

Sec. 163. A school term of three months shall be sixty- 
days, a school month, twenty days, and a school week, five 
days. 

Sec. 164. Appeals shall be allowed from decisions of 
the Trustees relative to school matters, to the School Ex- 
aminers, who shall receive and promptly determine the 
same, according to the rules which govern appeals from 
justices of the peace to Common Pleas or Circuit Courts, 
so far as such rules are applicable, and their decisions of 
all local questions relating to the legality of school meet- 
ings, establishment of schools, and the location, building, 
repair or removal of school houses, or transfers of persons 
for school purposes, and designation and dismissal of 
teachers, shall be final. 

Sec 165. Appeals shall be allowed from the decisions 
of the School Examiner to the Superintendent of Public 
Instruction, on all matters not otherwise provided for in the 
next preceding section, and the rules that govern appeals 
from justices of the peace to the Common Pleas or Circuit 
Courts as to the time of taking an appeal, giving bond, &c, 
shall be applicable in appeals from the School Examiner 
to the Superintendent of Public Instruction. 

Sec 166. School officers are hereby authorized and em- 
powered to administer all oaths relative to school business 
appertaining to their respective offices. 

Sec 167. The Bible shall not be excluded from the 
public schools of the State. 

Sec. 163. The law does not define a school day, but custom has fixed 
its limit at six hours, exclusive of the noon recess. This is perhaps long 
enough for pupils of any age, and too long for the youngest, unless they 
are relieved by frequent recesses. 

Sec 164. When an appeal is taken from a decision of a Township 
Trustee, he should make a transcript of his record, which, with all paper s 
in the case, should be certified and filed with the Examiner. 

Sec 165. In case of an appeal from a decision of the Examiner, he 
should make a transcript of his record of the case, which, with all papers 
in the case, should be certified, and with the required bond be filed with 
the Superintendent of Public Instruction. 

Sec 167. This section provides that the Bible shall not, by authority, 
be excluded from any public school in this State. This section, therefore 
guarantees the right of the Bible in the school room ; hence, by implica- 
tion, guarantees its use in the school room. 



58 

Sec. 168. All laws heretofore enacted on the subject of 
Common Schools, and all other laws and parts of laws in 
conflict with this act are hereby repealed. 

Sec 169. It is hereby declared that an emergency exists 
for the immediate taking effect of this act, therefore it shall 
take effect from and after its passage ; and it shall be the 
duty of the Secretary of State to cause a sufficient num- 
ber of copies of this act to be printed and circulated in the 
different counties of the State. 

Its use guaranteed, a most important question at once arises, namely, 
what shall be that use ? Various answers have been given to this ques- 
tion — some liberal, others illiberal, unworthy alike of their authors and 
of the subject to which they relate. 

Aware of the delicacy of this subject, I shall not trust myself beyond 
generalities. Hence I would say, 

1. The Bible should be held as supreme authority in all questions of 
morals. 

2. The teacher should, througnout the entire school course, give spe- 
cial attention to the moral culture and training of his pupils, faithfully 
inculcating a reverence for the Bible and fostering a spirit of cheerful 
obedience to its precepts. 

3. It is recommended that there be daily readings from the Bible, 
either by the teacher or by the pupils, or by both. 

4. Teachers should not descend to the inculcation of sectarian tenets, 
but on the other hand, should prudently inculcate and enforce the com- 
mon doctrines of our common Christianity. 

5. The teacher's work in this department should be characterized by 
prudence and honesty, and always illustrated and adorned by a daily life 
of purity, sincerity and charity. 



59 



AN ACT to authorize Township Trustees, Trustees of incorporated 
towns and the Common Council of cities to levy a tax for school pur- 
poses. 

[Approved March 9, 1867.] 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That the Trustees of the civil town- 
ships, the Trustees of incorporated towns, and the Com- 
mon Councils of cities shall have power to levy annually a 
tax not exceeding twenty-five cents on each one hundred 
dollars of taxable property, and twenty-five cents on each 
taxable poll ; which tax shall be assessed and collected as 
the taxes for State "and county revenue are assessed and 
collected. 

Sec. 2. The funds arising from such tax shall be under 
the charge and control of the same officers, secured by the 
same guarantees, subject to same rules and regulations, 
and applied and expended in the same manner as funds 
arising from taxation for common school purposes by the 
laws of this State : Provided, That the funds assessed 
and collected in any civil township, incorporated town or 
city, shall be applied and expended in the same civil town- 
ship, incorporated town or city in which such funds shall 
have been assessed and collected. 



AN ACT to authorize cities and towns to negotiate and sell bonds, to 
procure means with which to erect and to complete unfinished schoo* 
buildings and pay debts contracted for erection of such buildings, and 
authorizing the levy and collection of an additional special school tax 
for the payment of principal and interest of such bonds. 

[Approved March 11, 1867.] 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That any city or incorported town 
in this State which shall, by the action of its School Trus- 
tee or Trustees, have commenced, or may hereafter com- 
mence, the erection of any building or buildings for school 



60 

purposes, or which shall have, by its School Trustee or 
Trustees, contracted any debts for the erection of any such 
building or buildings, and such Trustee or Trustees shall 
not have the necessary means with which to complete such 
building or buildings, or pay such debt, may, on the filing 
by the School Trustee or Trustees of said city or incorpo- 
rated town, of a report under oath, with the Common 
Council of such city, or the Board of Trustees of such 
incorporated town, showing the estimated cost of any such 
building or buildings, or the amount required to complete 
such building or buildings, or the amount of such debt, on 
the passage of an ordinance authorizing the same, by the 
Common Council of such city, or the Board of Trustees 
of such incorporated town, issue the bonds of such city or 
town to an amount not exceeding in the aggregate thirty 
thousand dollars, in denominations not less than one hun- 
dred, nor more than one thousand dollars, and payable at 
any place that may be designated in such bonds, the prin- 
cipal in not less than one year nor more than twenty years 
after the date of such bonds, and the interest annually or 
semi-annually, as may be therein provided, to provide the 
means with which to complete such building or buildings, 
and to pay such debt ; and such Common Council or Board 
of Trustees may, from time to time, negotiate and sell as 
many of such bonds as may be necessary for such purpose, 
in any place, and for the best price that can be obtained 
therefor in cash : Provided, That such bonds shall not be 
sold at a price less than ninety-four cents on the dollar. 

Sec. 2. The proceeds of the sales of such bonds shall 
be paid to the said School Trustee or Trustees, to enable 
them to erect or complete such building or buildings, and 
pay such debt; but before payment to them, such School 
Trustees shall file with the County Auditor a bond pay- 
able to the State of Indiana, in a sum not less than the full 
amount of the said money so to be paid to them, and with 
security, to be approved by said Auditor, conditioned for 
the faithful and honest application of such money to the 
purpose for which the same was provided; and such Trus- 
tee or Trustees, and their surety or sureties, shall be liable 
to suit on such bond for any waste, misapplication or loss 
of such money, in the same manner as now provided for 
waste or loss of school revenue. 

Sec. 3. In addition to the levying the tax by cities or 
incorporated towns for general purposes now authorized by 
law, the Common Council of any such cities, and Board 



61 

of Trustees of any such incorporated towns, as shall avail 
themselves of the provisions of this act, are hereby autho- 
rized and required to levy, annually, a special additional 
tax, at the same time and in the same manner as other 
taxes of such city or town are levied, sufficient to pay the 
interest and principal of said bonds falling due, which ad- 
ditional special tax shall be collected as other taxes of such 
city or town are collected ; and the Treasurer of such city 
or town shall keep accurate accounts of the revenue arising 
from such special tax, and shall, in his reports, and when 
required by the city or town authorities, show the amount 
thereof received, the amount disbursed, and the amount 
thereof, if any, remaining delinquent; he shall pay out the 
same only by the authority of the Common Council of 
such city or Board of Trustees of such town, and shall 
permit the same to be applied to no other purpose than the 
payment of the principal and interest of such bonds; and 
official bonds of City and Town Treasurers shall be con- 
strued to cover and include revenue arising from this 
source : Provided, always, That the additional special tax 
hereby authorized shall not, in any one year, exceed fifty 
cents on each one hundred dollars of taxable property, and 
one dollar on each poll. 

Sec. 4. The advancement of the cause of education 
requiring that this act shall take immediate effect, there- 
fore an emergency exists, and this act shall take effect and 
be in force from and after its passage. 



AN ACT to create a State Normal School, and declaring an emergency. 
[Approved December 20, 1865.] 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That there shall be established and 
maintained, as hereinafter provided, a State Normal School, 
the object of which shall be the preparation of teachers for 
teaching in the Common Schools of Indiana. 

Sec. 2. In order to the establishment and maintenance 
of such a school, the Governor shall appoint, subject to 
the approval of the Senate, four competent persons, who 
shall, in themselves and in their successors, constitute a 



62 

perpetual body corporate, with power to sue and be sued, 
and to hold in trust all funds and property which may be 
provided for said Normal School, and who shall be known 
and designated as the Board of Trustees of the Indiana 
State Normal School. The Superintendent of Public In- 
struction shall be, ex officio, member of this Board. 

Sec. 3. That two members of this Board shall retire, 
as may [be] determined by lot or otherwise, in two years 
after their appointment, and the remaining two in four 
years ; whereupon, the Governor, subject to the approval 
of the Senate, shall appoint, as aforesaid, their successors 
for a period of four years. All vacancies occurring, in said 
Board, from death or resignation, shall be filled by appoint- 
ments made by the Governor. 

Sec 4. Said Board of Trustees shall meet on the second 
Tuesday in January, 1866, at the office of the Superin- 
tendent of Public Instruction, and shall organize by elect- 
ing one of their number President and one Secretary, each 
for a term of two years ; and at this, or at a subsequent 
meeting, they shall elect some suitable person, outside of 
their number, as Treasurer, who shall, before entering on 
duty, give bond in such sum as they may prescribe. 

Sec 5. Said Board shall, at its first meeting, open 
books to receive, from different parts of the State, propo- 
sals for donations of grounds and buildings, or funds for 
the procuring of grounds and erection of buildings, for 
said Normal School ; also, they may, if deemed needful, 
at this or a subsequent meeting, appoint one of their num- 
ber, or other competent person, to visit different parts of 
the State and explain the nature and objects of said Nor- 
mal School, and to receive proposals of donations of build- 
ings and grounds, or of funds for the same. 

Sec 6. Said Board shall locate said School at such 
place as shall obligate itself for the largest donation: Pro- 
vided, first, that said donation shall not be less in cash 
value than fifty thousand dollars. Second. That such place 
shall possess reasonable facilities for the success of said 
school. 

Sec 7. Said Board shall, immediately after the selec- 
tion of place of location, proceed to let a contract or con- 
tracts for the erection of a building to the lowest respon- 
sible bidder : Provided, That no member of the Board be 
a contractor for building, or for furnishing any material 
therefor. 

Sec 8. Said Board shall organize, in connection with 



63 

the Normal School, in the same building with the Normal 
School, or in a separate building, as they shall decide, a 
Model School, wherein such pupils of the Normal School 
as shall be of sufficient advancement, shall be trained in 
the practice of organizing, teaching and managing schools. 

Sec. 9. Said Board shall prescribe the course of study 
for the Normal School, shall elect the instructors and fix 
their salaries, and shall determine the conditions, subject 
to limitations hereinafter specified, on which pupils shall 
be admitted to the privileges of these schools. 

Sec. 10. The following conditions shall be requisite to 
admission to the privileges of instruction in the Normal 
School : 

First. Sixteen years of age, if females, and eighteen, if 
males. 

Second. Good health. 

Third. Satisfactory evidence of undoubted moral cha- 
racter. 

Fourth. A witten pledge on the part of the applicant, 
filed with the principal, that said applicant will, so far as 
may be practicable, teach in the Common Schools of In- 
diana a period equal to twice the time spent as a pupil in 
the Normal School ; together with such other conditions 
as the Board may, from time to time, impose. 

Sec 11. Tuition in the Normal School shall be free to 
all residents of Indiana who fulfill the four conditions set 
forth in section 10 of this act, and such other conditions 
as the Board may require. 

Sec. 12. A high standard of christian morality shall be 
observed in the management of the school, and, so far as 
practicable, be inculcated in the minds of the pupils; yet 
no religions sectarian tenets shall be taught. 

Sec. 13. Said Board of Trustees shall, biennially, make 
a report to the Legislature, setting forth the financial and 
scholastic condition of the schools f also making such sug- 
gestions as, in their judgment, will tend to the improvement 
• of the same ; and the years in which there is no session of 
the Legislature, they shall make a report of the scholastic 
condition of these schools to the Governor, on or before 
the first Monday in January. 

Sec. 14. The President of the State University, the 
President of the Agricultm-al College, and the Chief Jus- 
tice of the Supreme Court of Indiana, shall constitute a 
Board of Visitors, who shall in a body, or by one of their 
number, visit said schools at least once in each term, and 



64 

witness the exercises, and otherwise inspect the literary- 
condition of these schools, and, at the close of each aca- 
demic year, they shall make a report to the Board of Trus- 
tees. 

Sec. 15. As soon as the Normal School is open to re- 
ceive students, the Board of Trustees shall inform the Su- 
perintendent of Public Instruction, whereupon he shall, in 
his next apportionment of the school revenue for the State, 
deduct five thousand dollars, and semi-annually thereafter 
he shall deduct the same amount, which shall be set apart 
and be known and held as the Normal School Fund. This 
money shall be paid out only on the warrant of the Audi- 
tor, drawn on the order of the Board of Trustees. 

Sec. 16. The members of the Board of Trustees shall 
each be allowed five dollars for each day's service rendered ; 
also traveling expenses, to be paid out of the State Trea 
sury. 

Sec 17. Said Board shall pay their Treasurer and their 
Agent, if such be appointed, as provided for in section fifth 
of this act, such sums for their services as shall be reason- 
able and just. 

Sec. 18. Whereas an emergency exists for the imme- 
diate taking effect of this act, it is hereby declared that it 
shall take effect and be in force from and after its passage. 



AN ACT to carry out the provisions of an act entitled "An act to create 
a State Normal School, and declaring an emergency," approved De- 
cember 20, 1865, and to appropriate the funds necessary for the erec- 
tion of the State Normal School, and providing from what fund the 
same shall be taken and appropriated. 

[Approved March 8, 1867.] 

Section 1. Be it enacted by the General Assembly of 
the State of Indiana, That in order to carry out the provi- 
sions of an act entitled " An act to create a State Normal 
School and declaring an emergency," approved December 
20, 1865, and to establish said Normal School, and erect 
the buildings necessary for said Normal School, there shall 
be appropriated and paid out of the Township Library 
Fund,- assessed and collected for the years 1865 and 1866, 
in pursuance of sections 131 and 132 of an act entitled 
" An act to provide for a general system of Common 



65 

Schools, the officers thereof and their respective duties, 
and matters properly connected therewith, and prescribing 
the fees for certain officers therein named, and for the es- 
tablishment of, and regulation of township libraries, and 
to repeal all laws inconsistent therewith, providing the pen- 
alties therein prescribed," approved March 6, 1865, the 
sum of fifty thousand dollars, if said Library Fund be suf- 
ficient in amount, if not, out of any other funds in the 
treasury not otherwise appropriated, which said sum shall 
be drawn from the treasury upon the order of the Board of 
Trustees of the Indiana State Normal School, and ex- 
pended under their direction and supervision, for the pur- 
pose of erecting the building or buildings necessary for the 
said State Normal School. 

Sec. 2. It is further provided, That no part of the above 
appropriation shall be paid until the plan, design and spe- 
cifications of the said Indiana State Normal School, here- 
tofore adopted by the Board of Trustees of said State 
Normal School is filed in the office of the Auditor of State, 
which said plan, design and specifications of said Normal 
School are hereby approved and adopted as the plan, de- 
sign and specifications of said Indiana State Normal 
School, and further provided that no part of said appro- 
priation shall be drawn or paid to the Board of Trustees 
of said Normal School, by the proper officers of State, 
until the opinion of the Attorney General shall have been 
filed with the said Auditor of State, showing that the title 
to the land, donated by the City of Terre Haute, has vested, 
by a good and sufficient deed in fee simple, to the said 
Board of Trustees of said Normal School, and that the 
City of Terre Haute shall further undertake and enter into 
an agreement to forever maintain and keep up one half of 
the necessary repairs incident to keeping in proper order 
the building or buildings and the grounds of the same, 
which said obligation or agreement shall also be filed with 
the Auditor of State, and when being so filed, the said 
Auditor is hereby authorized to draw his warrant upon the 
Treasurer of State for the sum so appropriated, as above 
enacted, and not otherwise. 

Sec. 3. Whereas, the Board of Trustees of said Nor- 
mal School have made contracts for material, and offered 
bids for labor in erecting said institution, therefore an 
emergency exists for the immediate taking effect of this 
act, and the same shall be in full force and effect from and 
after its passage. 
5 



STATE OF INDIANA, SS: 

Office of Secretary of State, 

I, Nelson Trusler, Secretary of State for the State of 
Indiana, certify that the foregoing are full, true, and com- 
plete copies of the Enrolled Acts, from which the same were 
taken, now on file in my office, and that they are correctly 
printed. 

In testimony wherof, I have hereunto set my 
hand, and affixed the seal of the said State of 
[seal.] Indiana, at the city of Indianapolis, this 27th 
day of April, A. D. 1867. 

NELSON TRUSLER, 

Secretary of State. 



INDEX. 



AUDITOR— Page. Section. 

To take bonds of Trustees 9 6 

May appoint Trustee to fill vacancy 9 6 

To report names of Trustees to Superintendent of Public Instruc- 
tion 9 r> 

To assess special tax 16 13 

To issue warrrnt for special taxeB 17 13 

To diminish apportionment in certain cases 22 22 

To report name and address of Examiner to Superintendent 27 33 

To notify Examiner of charges against him 27 33 

To prosecute suit for forfeited lands 35 59 

To execute deed for school lands , 36 71 

May administer oaths and take acknowledgments 38 84 

To report to County Commissioners relative to school funds 40 103 

Fees of, for managing school funds 42 107 

To report collections of revenue to Superintendent 43 110 

Report of, relative to revenue, when to be made 43 111 

May be discharged from penalty for failure to report revenue 44 113 

To notify Auditors of adjacent counties of revenue held for bene- 
fit of such counties 44 112 

To keep account of funds with each Congressional township 52 151 

To apportion mortgages to Congressional township 52 152 

BIBLE— 

Not to be excluded from schools 57 167 

BONDS— 

To raise means to erect school houses, may be issued 60 

C0NGBESSI0NAL TOWNSHIP SCHOOL LANDS— 

Custody of. 32 44 

May be leased by Trustee 32 45 

Custody of, when lying in two civil townships 33 46 

To be sold on vote of township 33 48 

Contract for, may be forfeited 34 56 

To be divided preparatory to sale 34 53 

Division of, to be certified by Trustee 34 53 

When located in two or more counties, each Trustee to report 20 19 

Purchase money, residue of may be retained by purchaser as a 

loan ; may be paid before due 36 66 

New certificate of may be given in case of loss 36 68 

Lands may be re-appraised and re-sold on certain conditions 35 61 

COUNTY COMMISSIONERS— 

To allow report of Trustees 1° ' 

To cause suit to be entered against Trustee 10 « 

To appoint Examiners 27 33 

May dismiss Examiners 27 33 



G8 



Pago. Section^ 



Shall allow Examiners compensation 

May determine time Examiner may labor in one year 

To make reports relative to school funds held by counties 

Report of, to show what 

When t<#be made 

Eeport to distinguish between common school and Congressional 
township funds 

To make good losses to funds 

To conform boundaries of civil township to Congressional town- 
ship 

director- 
how chosen 

To take oath of office 

To notify Trustee of election, 

May be appointed by Trustee 

May be removed from office 

To preside at school meetings 

To take charge of school house 

To visit schools 

May expel pupil 

To communicate between Trustee and people 

Decision of, excluding pupil from school may be appealed from.... 



32 


43 


32 


43- 


41 


105 


42 


105 


41 


105 


42 


105 


41 


104 



22 


25 


22 


25 


22 


25 


23 


25 


23 


25 


26 


29 


26 


30 


26 


31 


26 


31 


20 


20 


27 


32 



ENUMERATION— 

When made.. .-..« < 17 

By whom made 17 

Lists of, what to contain 17 

Lists of, to be verified by affidavit 20 

examiner- 
how appointed 27 

Term of office 27 

To take oath of office 27 

May be removed from office <.. 27 

To report to Auditor transfers for school purposes 17 

To notify Auditor of failure of Trustees to make report 21 

To examine applicants for license to teach 27 

To license competent teachers 28 

May renew license without re-examination 28 

May revoke license 29 

To hold public examinations 29 

Not to license teachers on private examinations 29 

Licenses issued by, limited to county in which granted 29 

To keep minutes of proceedings 29 

To report names of persons licensed to Superintendent of Public 

Instruction 30 

To visit schools 30 

To distribute books to township libraries 30 

To furnish blanks to teachers and Trustees 31 

To take enumeration in certain cases 31 

To make and report basis of apportionment 31 

Compensation of 32 

Required to hold Institutes 06 

To determine appeals from Trustees 57 

Decisions of, may be appealed from 57 

INSTITUTES— 

Means for support of. 56 

Common schools to be closed during session 56 

Duty of Examiner to hold „ 56 

INTEREST— 

Rate of, on loan of school fund 37 

Payment to be complete every year 8 

Auditor to report complete payment of, each year 8 

Commissioners to provide for payment of deficit of. 8 

Superintendent to direct attention of Commissioners to deficit of 8 

On deferred payments for school lands to be paid in advance 34 



33 
33 
13 
22 
34 
34 
34 
36 
37 
37 
37 
38 

38 
39 
39 
39 
40 
42 
43 
161 
164 
165 



159 
160 
161 



71 
3 
3 
3 
3 

55 



69 

Page. Section, 

Failure to pay, forfeits contract 34 55 

Payment of, with ten per cent, additional, revives forfeited con- 
tract 35 57 

LANDS MORTGAGED TO SCHOOL FUNDS— , 

To be sold by Auditor on failure to pay installment of principal 

or interest 39 9 q 

Suit to be brought on notes when lands fail to sell for sufficient to 

pay principal, interest and cost 39 94. 

Sale to be advertised 39 gg 

Sale to be at Court House door 39 gg 

Part of premises to be sold 40 gg 

How divided for sale ". 40 96 

Whole to be sold when indivisible 40 gg 

May be bid in by Auditor , \ 40 gf 

To be appraised on failure to sell [] 40 97 

Deeds to be executed by the Auditor, when ""* 40 99 

Statement of sales to be made by Treasurer 41 100 

Deeds to lands bid in by the Auditor need not be made 777! 41 101 

Statement shall be filed in the office of the Treasurer .7.7.7.7 41 100 

And shall be evidence " 41 iqq 

NOPvMAL SCHOOL— 

Established gl 

Trustees for, how appointed 77! g2 

Conditions requisite to admission go 

Tuition in, to be free g3 

Board of Visitors of I 1 , ""_' g3 

Appropriation for.! ; 7777.7.7.7. 64 f 65 

OATHS— 

All school officers authorized to administer. ...*.„.. 57 igg 

PENALTIES— 

For failure of Trustee to report enumeration, statistics or finance 22 22 

For failure of Trustee to perform duties of office 22 23 

For failure to qualify and serve as Trustee ..".".7.7.: 22 24 

For failure to make enumeration 7.7......' 31 40 

For failure of Auditor to report school revenue to Superintendent 44 113 

For insulting or upbraiding teacher in presence of school 56 162 

REPORTS— 

Of Trustees to County Commissioners 10 7 



Of Trustees to Examiner, 



20 18 



Of teacher to Trustees, what to contain 21 

Statistical of Trustees, what to contain 77! 21 21 

Of names of Trustees, made by Auditor to Superintendent..........' ~9 "6 

Of school revenues, to be made by Auditor 7! 43 no 

Of school revenue, what to show ,7.7. 43 m 

Of Auditor and Treasurer to Commissioners 7.777 41 103 

Of Commissioners to Superintendent 7.7.7.7.7.7 42 106 

Of Superintendent to Governor 77.7777 46 122 

Of Superintendent to Legislature "" 47 123 

Forms of, to be prepared by Superintendent of Public instruction 48 128 
Of unsafe funds, to be made to General Assembly by Superintend- 

ent 47, 48 124 



REVENUE- 



For tuition, consists of what 7 8 o 

To be applied exclusively to furnishing tuition 7.'.'.7.7.'.7.7.7.7.7.77 v' 8 2 

To be expended when " 23 24 26 

Not to be expended before apportionment .'....77.7.777.7.7.7. l'o' 11 8 

Two apportionments of, each year ."..7.77.7 '43 109 

Apportionments of, when made ..77.7.777..7.'.7.7 43 109 

Collections of, in counties to be reported to Superintendent'.'!!!!!!!!! 43 no 

Reports of, by County Auditor, when made 43 m 



70 

SALE OF CONGRESSIONAL TOWNSHIP SCHOOL LANDS— Page. Section. 

To be made on vote of township 33 51 

Vote for, to be taken on petition of five legal voters 33 48 

Voting for, to be advertised twenty days 33 48 

Petition for, to be entered on Trustee's record 33 49 

Ballot for, form of. 33 50 

Not to be allowed except on vote of a majority of township 33 51 

Vote for, to be certified by Trustee 34 52 

To be made by order of County Commissioners 34 54 

To be made by Auditor and Treasurer 34 54 

Terms of sale 34 65 

Notice of 34 54 

Purchasers of, liable for waste 35 68 

To be certified by Auditor and Treasurer 35 62 

Purchaser of, entitled to rights of possession 35 63 

Purchaser of, liable to damage for failure to make payment 35, 36 64 

Certificate of purchase may be assigned 36 65 

SCHOOL CORPORATIONS— 

Cities, incorporated towns and civil townships to be 9 4 

May contract and be contracted with 9 4 

May sue and be sued 9 4 

Clerk and Treasurer of. 9 4 

Suits against 51 144 

Suits brought by 51 145 

SCHOOLS— 

To be taught an equal length of time 15 11 

Graded may be established by Trustees , 11 10 

To be numbered by Trustee 15 11 

Legal voter may become entitled to privileges of, how 18 15 

None but those attached to, to have privileges of. 17, 18 14 

Report concerning, to Trustees 21 20 

Private, may be taught in school house 55 158 

To be closed during session of Institute 56 160 

To be taught in English language 51 147 

Term of 57 163 

Teachers of private, to report to Trustees 65 158 

SCHOOL MEETINGS— 

To be held annually, on first Saturday in October 22 25 

Who entitled to vote at 18 15 

Shall elect Director 22 26 

May be held at other times than annual 23 26 

Notice of, shall be posted five days previous to meeting 23 26 

Shall not be illegal for want of notice, unless fraudulent 23 26 

Legality of, to be determined by Trustee 23 26 

Shall furnish estimates for repairs, &c, petitioned for 25 27 

To have power to designate teacher 23 26 

SCHOOL FUNDS— 

Of what to consist 7, 8 2 

Never to be diminished 8 2 

Income of, to be applied exclusively to tuition 8 2 

Counties liable for fund , 8 3 

Counties to pay interest on 8 3 

To be loaned by Auditor 37 75 

Inhabitants of county to be preferred in making loans of. 37 78 

Amount loaned 37 79 

Lands offered in mortgage for, to be clear of incumbrance 37 76 

May be loaned, how long 38 82 

Mortgage for, to be of record from date 38 85 

Mortgage for, to be recorded- 38 86 

STATE BOARD OF EDUCATION— 

Of whom composed 53 153 

May elect a Secretary and Treasurer 53 153 

Records and minutes of, to be kept in office of Superintendent of 

Public Instruction 53 153 

Shall adopt a seal 63 153 



71 

Page. Section. 

Duties of 54 154 

To have cognizance of questions in practical administration "of 

school system _ 54 154 

May issue State certificates .'.".'.'.'.'.'.' 64 155 

May revoke certificates '.'.'.'.'.'.'.".'"'.'.'.'.. "" 54 155 

To hold stated meetings !.'!!.'.'.''.'.'.'.'.'." 51 155 

Compensation of. ...."!!.."".""!!!!!.!!!"! 54 15R 

To order issue of warrant to pay for libraries !!!.!!!'.'.!!'.!!! 49 134 

To certify to Auditor mileage and per diem of members..'.'.'."].'.'.'.'"." 54 156 

SUPERINTENDENT OP PUBLIC INSTRUCTION— 

Election of. , 4g -,*„ 

Official term of. !!!'.°.!!!'.!'.!!'.!!!'.!! 46 120 

To be charged with administration of system .'..'.'."!.'.'.'.'.'.'.'.'.'.'.'.'.'.'.' 46 121 

To make report to Governor !!!!!!!!"! 46 122 

To report to Legislature biennially !!!!!!!!!!!!!!!!!!!! 47 123 

Report of to Legislature, to show what !!!!!.!!!!!!!! 47 123 

To append statistical tables to report to legislature !!'.'.'.'.!!!!!!!! 47 123 

To visit each county in the State ." 47 J04 

To report unproductive, unsafe, and unprofitable fund's To 'Gene- 
ral Assembly 43 104 

Traveling expenses of .'.'.'....'.'.'. 48 125 

To institute suit for recovery of lost funds !.!.!!! 48 126 

May require copies of reports of Auditor, Treasurer, Examiner' 

and other officers ' 4.3 |27 

To prepare forms for reports required by school iaw !!!!!!!!!!!! 48 128 

To print acts of General Assembly relating to Common School's"!! 48 129 
To supply school libraries with legislative and documentary jour- 
nals, &C 4<J JOQ 

To apportion school revenue !.".!!!!'."'.!!!!!!!!! 44 114 

To superintend purhcase of township libraries .'.'.'.'.'!!!!!!!." 49 134 

To publish statement of apportionment ."" 44 115 

President of State Board of Education !!.'.!!!!!!!.'!.'!.".' 53 153 

Important acts of, authenticated by seal , !.!!!.'.'!!! 54 153 



TAX- 



TO be levied for support of schools 7 1 

Not to be levied on property of negroes and mulattoes..'.'.'."'.'.'.'.!!!!'.! 7 

On property of corporations to form part of fund 7 2 

Special may be levied by Trustee ......'..' 15 16 12 

Trustee may levy for school purposes .'.....'.'....'.'..'.'.'..'.'. ' 59 

TEACHERS— 

To make report to Trustees , '21 20 

Reports of, what to contain " ^21 20 

Penalty for failing to make report 21 20 

Qualifications of. ! 27 28 34 

To possess good moral character .'.'.'.'"" '28 34 

May be dismissed ........ 26 28 

Cause for dismissal must be shown 26 28 

Forfeits claim to compensation, when 25 28 

Must hold valid license ,„, 25 28 

May have license renewed without examination, when 28 34 

Of private schools to report to Trustees 55 15s 

TOWNSHIP LIBRARIES— 

Sectarian works not admitted into 49 132 

Books for, purchased by Superintendent 49 134 

To be distributed by State Board 49 137 

To be in charge of Trustee ] 49 136 

Trustee to be accountable for preservation of. 50 137 

Notice of, where kept to be posted in school house 50 137 

Every family in township may take two volumes from 50 138 

May be deposited at some central point 50 139 

Shall be open throughout the year 51 140 

TRANSFERS FOR EDUCATIONAL PURPOSES— 

May be made by whom 19 16 

Time of making 19 16 



72 

Page. Section. 

To be reported to Trustee to whose jurisdiction made 19 10 

To subject transferred person io tax 19 17 



trustees- 



How chosen ,..., 9 5 

Term of office , 9 5 

To take oath of office 9 5 

To give bond 9 5 

Compensation of. 9 5 

To receive school revenues ,. 10 7 

To pay out school revenues ". 10 7 

To keep account of receipts and expenditures 10 7 

To report receipts and expenditures to county commissioners 10 7 

Report to Commissioners verified by affidavit 10 7 

To file copy of report to Commissioners with Examiner 10 7 

Liable to suit on his official bond for failure to discharge duties of 

office 10 7 

To keep record of proceedings relative to schools 10 8 

Not to permit revenue to be expended except for tuition 11 8 

Not t» expend revenue in advance of apportionment 11 8 

To make statement of receipts and expenditures 11 9 

To have charge of educational affairs of respective corporations... 11 10 

To employ teachers 11 10 

To locate schools and provide school houses 11 10 

May establish graded schools 11 10 

To have control of school property 13 10 

To number schools in township ., 15 11 

May levy a special tax 15 12 

To take enumeration 17, 18 14 

To transfer persons for school purposes 19 16 

To notify Trustees of adjacent towuships of transfers 19 16 

To make report of transfers 16 16 

To file with Examiner copy of enumeration 20 18 

To verify list of enumeration by affidavit 20 18 

To furnish to Examiner statistical information 21 21 

To report number of districts 21 21 

To report number of schools 21 21 

To report number of teachers 21 21 

To report average compensation of teachers 21 21 

To report tuition revenue on hand at commencement of year 21 21 

To report length of schools 21 21 

To report number of houses erected 21 21 

To report value of houses 21 21 

To report volumes in library 21 21 

To report per centum of tax 21 21 

To report revenue on hand at close of year 21 21 

Liable on bond for failure to report 21 22 

Personally liable for neglect of duty on suit at instance of citizen 22 23 

Failure to qualify and serve subject to fine 22 24 

To employ only teachers holding valid license 25 28 

May dismiss teachers 26 28 

To require license for branches not enumerated in law, when 28 35 

To have custody of lands 32 44 

To report income from Congressional township school lands 32 44 

May lease Congressional township school lands 32 45 

To have power of landlord in relation to lands 33 47 

To have charge of township libraries. 49 136 

Accountable for preservation of libraries 50 137 

To provide book cases and account book for libraries 50 137 

To give notice at each school house where library is kept 50 137 

May deposit library at some central point 50 139 

May appoint Librarian 51 13ft 

Books and accounts of, open to inspection 51 141 

Books of, may be corrected by County Commissioners 51 143 

May sell site of school house 52 149 

To secure title of lands to township, acquired for school purposes 54, 55 157 

May permit school houses used for private schools 55 158 

Decisions of, may be appealed from 57 164 

May levy tax for school purposes 59 



LB Mr '05 



